Court dismisses El-Rufai’s suit seeking to stop ICPC, others from freezing his assets
Federal High Court Dismisses El-Rufai’s Suit Against ICPC
The Federal High Court in Abuja has dismissed a legal action initiated by former Kaduna State Governor Nasir El-Rufai, which sought to prevent the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from freezing his bank accounts.
The ICPC was joined in the suit along with the Economic and Financial Crimes Commission (EFCC), the Department of State Services (DSS), and the Attorney General of the Federation (AGF) as respondents.
In a ruling delivered by Justice Joyce Abdulmalik, the court found the suit to be an abuse of court process, noting that El-Rufai had filed a similar case in the Federal Capital Territory (FCT) High Court. The judge ruled in favor of the respondents’ arguments, asserting that the court cannot be employed to obstruct law enforcement agencies from fulfilling their legally mandated responsibilities.
Justice Abdulmalik characterized El-Rufai’s legal claim as speculative and lacking in substantive merit. She also agreed that the suit did not provide a reasonable cause of action against the EFCC, DSS, and AGF, leading to the removal of their names from the proceedings.
This case, filed on February 24 by Oluwole Iyamu, Senior Advocate of Nigeria, was marked as FHC/ABJ/CS/368/2026. El-Rufai sought a court order to prohibit the respondents from attempting to freeze his bank accounts or seize his assets while his main claim was under consideration.
In his filing, dated February 23, El-Rufai requested an interim injunction to maintain the status quo and argued that it was essential to avoid an irreversible situation, as recognized in previous rulings. He contended that his severance pay—received upon leaving office in May 2023—should not be presumed to be derived from illegal activities. Moreover, he asserted the legality of the properties purchased with those funds.
El-Rufai indicated specific accounts at several banks, including Zenith Bank and Access Bank, and sought a declaration that any attempts by the respondents to initiate forfeiture proceedings without credible evidence would constitute a violation of his rights.
He referenced legal frameworks, including the Advance Fee Fraud and Other Related Offences Act and a Supreme Court decision, asserting his entitlement to the presumption of innocence and protection of his fundamental rights.
In addition to the primary injunction, El-Rufai requested damages amounting to N1 billion and costs of N100 million for legal fees and associated expenses, citing psychological distress and reputational harm resulting from the threat of forfeiture.
The ICPC objected to the suit, arguing it was incompetent and a misuse of court process. The agency explained that El-Rufai’s ongoing investigation was the basis for actions taken against him, emphasizing that he had filed multiple overlapping suits in different courts within a short time frame.
The DSS also requested the dismissal of the suit, citing incompetence, while the AGF contended that their participation was only necessary in cases involving the Federal Government.
The court’s ruling effectively upholds the authority of law enforcement agencies to act within their mandates while dismissing El-Rufai’s attempt to challenge the ongoing investigations against him.
