Why we are detaining El-Rufai – ICPC

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has told the Federal Capital Territory (FCT) High Court, Abuja, that it is detaining former Kaduna State Governor, Nasir El-Rufai, to conclude an investigation into alleged corruption during his time in office.

Mr El-Rufai had filed the suit at the court, alleging that his arrest and detention violated his fundamental rights. He asked the court to declare the actions of the anti-graft agencies unlawful and to award him N1 billion in damages.

In an affidavit filed in support of the suit, Mr El-Rufai confirmed his identity and career history but declined to answer questions about the allegations, citing his constitutional right to remain silent.

He described the investigation as politically motivated and said he would respond to the allegations in court.

ICPC responds

However, the ICPC filed a counter-affidavit explaining why it arrested and detained him.

The commission said it received a petition accusing Mr El-Rufai and officials of his administration of financial misconduct between 2015 and 2023.

The petition, attached to the court filings dated 26 February and seen by PREMIUM TIMES, raised allegations relating to loans obtained by the Kaduna State Government, procurement processes, transfers from government accounts and payments to companies and individuals.

ICPC said it began preliminary investigations and obtained documents from banks and government institutions. It then issued an invitation letter dated 9 February.

According to the commission, the letter could not be served earlier because Mr El-Rufai was outside Nigeria. It said he was eventually served on 12 February after his return.

The commission stated that Mr El-Rufai, through his lawyers, requested to appear on 18 February. However, before that date, Mr El-Rufai honoured an invitation by the Economic and Financial Crimes Commission (EFCC), which detained him and later granted administrative bail.

“Contrary to depositions of the Applicant in his supporting affidavit, he is lawfully held in the custody of the Commission and the Commission has not breached any of the fundamental rights of the Applicant as claimed.

“That the 4th Respondent’s (ICPC’s) mandate is to investigate cases of corruption and abuse of office and other related offences and where there is prima facie evidence, prosecute any alleged offender,” the counter-affidavit read.

The ICPC said he did not meet the bail conditions and remained in EFCC custody. On 18 February, ICPC arrested him after the EFCC released him.

Remand order

On 19 February, the commission said it obtained a remand order from a Chief Magistrate Court in Bwari, Abuja, permitting it to detain Mr El-Rufai for 14 days pending investigation into allegations of money laundering and abuse of office.

The order, granted by Magistrate Okechukwu Akweke, directed that he be kept in ICPC custody for 14 days, with a return date in March for a report.

The commission told the High Court that the remand order will expire on 5 March and that it intends to file charges before then.

Searching El-Rufai’s Abuja home

The ICPC also said it executed a search warrant at Mr El-Rufai’s residence at 12 Mambilla Street, Asokoro, Abuja, on 19 February. According to the commission, the search was witnessed by his wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.

It said several electronic devices and documents were recovered. The commission claimed that some of the documents relate to security matters and that certain equipment capable of intercepting communications was found.

The ICPC further stated that Mr El-Rufai declined to give consent for forensic access to some of the devices recovered.

“During the said search which was witnessed by the Applicant’s wife,Hadiza Isma El-Rufai and his son Hon. Mohammed Bello El-Rufai, the Commission retrieved sensitive security documents capable of compromising nation security.

“During the Search operations, the Commission retrieved electronic magnetic equipment capable of tapping conversations and he was asked to give consent to enable the Commission access to the equipment but he refused,” the document read.

The commission also informed the court that a potential witness wrote to it requesting protection, alleging threats after public comments made during a television interview.

“The Applicant herein is also threatening likely prosecution witnesses and one of such witnesses has written to the Commission for protection. A copy of the said letter is hereby attached and marked as Exhibit ICPC 6,” the document read.

PREMIUM TIMES has not independently confirmed the allegations against Mr El-Rufai.

But a statement issued by his son, Mohammed El-Rufai who is a serving member of Nigeria’s House of Representatives, on Monday, said ICPC was trying to weaponise Mr El Rufai’s exercise of his right to be silent by describing it as non-cooperation.

“That the ICPC believes silence implies guilt is a confession of thier own inquisitorial mindset and their disregard for the very laws they are sworn to uphold,” the statement read.

It also described the phone taping equipment and list of items allegedly seized from the former governor’s home as fictitious.

It said the relaity is what the ICPC agents seized nothing more than “old discarfded personsl mobile phones some dating back as much as 20 years, stogage devices like flash drives and laptops, which are standard possessions of any 21st Century citizen”.

The statement added that the alleged sohisticated tapping equipment and sensitive security documents “exist only in the fevered imagination of the ICPC and its press team”.

It also described the ICPC as unprofessional while insisting that Mr El-Rufai “will not be tried in the court of public opinion by a discredited agency acting on behalf of political masters”.

ICPC’s position

In its filing, the ICPC argued that inviting and detaining a suspect based on reasonable suspicion does not amount to a breach of fundamental rights.

It relied on constitutional provisions and the ICPC Act to support its position that it has the authority to investigate allegations of corruption and, where necessary, detain a suspect in line with the law.

The commission urged the court to dismiss Mr El-Rufai’s suit and allow it to conclude its investigation.

Mr El-Rufai is a critic of President Bola Tinubu, a role the former governor became known for after the president’s initial plan to appoint him as a minister was aborted in 2023 under controversial circumstances, with the Senate rejecting his nomination citing security reasons.

The former governor, who has repeatedly alleged political persecution against his former aides and himself, defected last year from the ruling All Progressives Congress (APC) and joined the African Democratic Congress (ADC). He vowed to ensure President Tinubu is not re-elected come 2027.