In emergent fragile democracies such as Nigeria, the anti-corruption agencies constitute the apron upon which the delicate architecture of state rests. In fact, few institutions of state are as vital; the health and greatness of our democratic system may well depend on how strong, sound and efficient the anti- graft agencies are. In particular, their independence is non-negotiable, because by their very design and nature they should function with relative but unmistakable autonomy and as conscience of the state, the proverbial neutral watchdog that spares no one, but which insulates itself from the corrosive reach of the powerful.
However, when in terms of its operations and a careful study of the profile of those being processed over a period of time, an anti-graft agency appears to reek of and lend itself to political manipulation, the democratic edifice is mortally threatened and faces the grim prospects of collapse. This is the sad reality of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) at present. We are gradually witnessing a tragic metamorphosis of the commission from an otherwise neutral arbiter to a weaponized instrument of political coercion and a bastion of judicial defiance and assault on the rule of law.
Legal Silk or Lawless Siege?
The major surprise, an irony really, is that the Chairman of the ICPC, Dr. Musa Adamu Aliyu, is a Senior Advocate of Nigeria (SAN), a proud member of the "Inner Bar," an elite cadre of jurists often described as the "aristocracy of the gown." This rank is not merely a professional milestone; it is a solemn covenant. A Senior Advocate is expected to be the ultimate custodian of the rule of law, a sentinel of judicial sanctity, and a peerless example of obedience to the bench. To wear the "Silk" is to carry the weight of the temple of justice on one's shoulders.
Yet, in a tragic subversion of this expectation, the leadership at the ICPC has been defined by what many now view as a "notorious" disregard for the very courts that elevated him to this prestigious height. There is something fundamentally broken in a system where a man who reached the pinnacle of his career by navigating the rules of court now appears to treat those same rules as inconveniences to be bypassed. When the head of an anti-graft agency—who also happens to be a Senior Advocate—is accused of flagrant disobedience of court processes, it does more than just damage a single case; it deconstructs the moral authority of the state. It signals a dangerous era of "institutionalized lawlessness," where those who know the law best feel most empowered to subvert it for political or administrative ends. Regrettably, several instances can be cited of where the ICPC fished in political waters, dabbled into issues clearly outside its mandate, arrested and detained persons arbitrarily and refused to release them even when ordered to do so by the courts.
The Dangote-NMDPRA Litmus Test
How else can one explain ICPC’s ongoing handling of the petition by Aliko Dangote against Mr. Farouk Ahmed of the NMDPRA? In a functional system, a petition of this magnitude should trigger a clinical, objective investigation. Instead, the ICPC has effectively buried the case, even acted as a defense counsel for the accused person. By placing an undue burden on the petitioner to "prove" the case before a formal inquiry is considered, the ICPC has flipped the script of criminal justice. This bespeaks of a Commission more interested in protecting political interests than in unearthing the truth. It reeks of "selective justice"—a strategy where the law is a shield for friends and a sword for those perceived as threats to the political establishment.
How about the case at the High Court of Kano State (Motion No. K/M/1622/24)? On August 27, 2024, the court issued an Interim Injunction restraining the ICPC from harassing or arresting members of the Association of Local Government of Nigeria (ALGON), Kano State Chapter. Despite being the 2nd Respondent and being duly served, the ICPC chose the path of belligerence over obedience.
By willfully neglecting a valid court order the Commission not just undermined the judiciary, it placed itself over and above the law. This prompted a petition by Shamsu Ubale Jibril, SAN, to the Legal Practitioners’ Privileges Committee (LPPC) against the ICPC Chairman. The "Silk" is a privilege, not a license for impunity. If a SAN cannot obey a court order, he has no business leading a commission that demands integrity from others.
For any Nigerian who has ever been told “go to court,” this should feel like a betrayal. Because what meaning does a court order have when a federal anti-corruption agency can ignore it without consequence?
What meaning does the rule of law have when a Senior Advocate of Nigeria—a man elevated for his supposed reverence for the legal system—stands accused of treating court orders as optional?
Consequently, there must be an immediate restoration of institutional sanity. The Legal Practitioners’ Privileges Committee (LPPC) must act with unprecedented urgency on the several petitions against Dr. Aliyu’s conduct to ensure that the rank of Senior Advocate is not used as a shield for lawlessness. At the same time, the ICPC must purge itself of politics starting with an immediate and total compliance with all outstanding court orders (and there are several of them right now literally begging for compliance). The Presidency and the judiciary must assert their roles in checking this slide into institutionalized impunity. Nigeria cannot afford a rogue anti-graft agency; if the watchdog becomes the wolf, the hunt for justice is over. Dr. Musa Aliyu, SAN must decide now: will he be remembered as a minister in the temple of justice, or as the man who presided over the death of the ICPC’s credibility? He must realize that history is a harsh judge. He can either be remembered as the leader who strengthened the ICPC or the one who presided over its descent into a tool for political vendetta. As it stands, the evidence points toward the latter. The "Silk" is watching, and more importantly, the Nigerian people are watching.
The time has come for the ICPC to set aside the distractions of political maneuvering and rededicate itself to its solemn mandate. The Nigerian public is not blind to the volumes of legitimate, high-stakes petitions gathering dust on the Commission’s desks, petitions that represent the hopes of a nation desperate to see the "big fishes” held accountable.
Al-Ameen, is a lawyer and concerned citizen and an advocate of the rule of law, based in Abuja.