ICPC charged N1m Fine over illegal detention of Dibu Ojerinde

A Federal High Court in Abuja has issued a ruling imposing a fine of N1 million against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for the unlawful detention of Dibu Ojerinde, the former Registrar of the Joint Admissions and Matriculation Board (JAMB).

In addition to the N1 million fine, Justice Obiora Egwuatu also awarded a sum of N200,000 as a fine to be paid by the ICPC as Ojerinde’s cost of instituting the lawsuit.

Justice Egwuatu held that although there was a pending case against Dibu Ojerinde involving charges of conspiracy, possession of multiple identity cards with different names, and the sale of forfeited property, detaining him without an order of detention was deemed unlawful.

The judge emphasized that while a pending charge existed against the ex-JAMB boss, he is presumed innocent until proven guilty.

Justice Egwuatu further stated that although there was a fresh charge against Dibu Ojerinde and his arraignment before another court was delayed due to court vacation and non-sitting, detaining him without an order of detention violated his fundamental rights.

The court found that Ojerinde’s re-arrest on January 26 had been lawful, based on a search warrant obtained from the chief judge of the court. However, the prolonged detention without an order was deemed a violation of his fundamental rights, including personal liberty, freedom of movement, and the presumption of innocence.

In the lawsuit filed before Justice Egwuatu, marked FHC/ABJ/CS/179/2023, Ojerinde sought an order to enforce his fundamental rights following his re-arrest within the court premises on January 26 and subsequent detention.

He also requested an order of perpetual injunction restraining the ICPC and its officers from arresting or detaining him based on the pending suit or filing an amended charge.

Furthermore, Ojerinde sought an order directing the commission to pay him the sum of N500 million as exemplary damages for the breach of his rights as guaranteed by the Nigerian Constitution, including the right to personal liberty, freedom of movement, dignity of the human person, and the presumption of innocence.

It is worth noting that the ICPC had previously accused Ojerinde of diverting public funds amounting to N5 billion. The former JAMB Registrar was re-arrested on January 26 by ICPC operatives while he was leaving the court premises with one of his sons after further proceedings were adjourned by Justice Egwuatu.

The recent court ruling serves as a reminder of the importance of upholding fundamental rights, even in the face of criminal charges.

As the legal proceedings continue, Dibu Ojerinde awaits the resolution of his case, while the ICPC must comply with the court’s decision and pay the imposed fines for the unlawful detention.