Professional Certificates: Court Fixes Nov 24 For Fraud Investigators’ Suit Against ICAN

A Federal High Court in Abuja has fixed November 24 for hearing in the suit by the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (CIFCFIN) challenging the power of the Institute of Chartered Accountants of Nigeria (ICAN) to train and issue qualifying certificates to forensic professionals.

The matter, which is before Justice Joyce Abdulmalik, was initially scheduled for mention on Tuesday, but the matter was adjourned to enable parties appear properly before the court.

In the suit brought on their behalf by their counsel, Shaibu Enejoh Aruwa (SAN), the CIFCFIN argues that by the combined interpretation of Sections 2(a) – (i),3(1)(a) and 4(a) – (c), 6(2), 12(2), 13, (1) () and (g), 17(1l) (a) and (b) and 22 of the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (Establishment) Act No. 45, 2022, ICAN cannot offer ‘Certification Programme culminating in the award of Certified Forensic Accountant of Nigeria (CFAN)’.

In the affidavit deposed to by Head of Legal and Corporate Services of the CIFCFIN, Mohammed Arafat, submits that the conduct of ICAN in inviting applicants in the fields of knowledge of chartered accountants, compliance managers, bankers, investment analysts, auditors, and anti-corruption agencies staff and other institutions to register for a seven-day professional certification programme culminating in the award of Certified Forensic Accountant of Nigeria, is outside its mandate and could cause confusion to the general public.

Consequently, CIFCFIN is asking the court to make an order setting aside and nullifying the award of the qualification or the CFAN certificate, or any other qualification or certificate in the field and practice of forensics in Nigeria; and to withdraw, retract, or cease any publication, gazette notice, or public representation asserting that it has power to certify or license.

Further, CIFCFIN wants an order of perpetual Injunction restraining ICAN, its Council, officers, servants or agents from issuing, purporting to issue, advertising, or recognizing ‘Certified Forensic Accountant of Nigeria (CFAN)’ qualification, designation, licence, or certification, or any title or award identical or similar to those created under Sections 3(1)(a), 4(a) – (c) and 22 of the of the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (Establishment) Act No. 45, 2022 or any other qualification or certificate in the field and practice of Forensics in Nigeria.

CIFCFIN wants, among others, a declaration that ‘by the combined provisions of Sections 2(a) -(i), 3(1)(a) and 4(a)- (c), 6(2), 12(2), 13, (1)(0) and (g), 17(1)(a) and (b) and 22 of the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (Establishment) Act No. 45. 2022 the Defendant cannot offer ‘Certification Programme culminating in the award of Certified Forensic Accountant of Nigeria (CFAN).’

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