The Federal High Court in Abuja has dismissed a suit filed by former Kaduna State Governor Nasir El-Rufai seeking to prevent the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other federal agencies from taking action against his bank accounts and assets.
Justice Joyce Abdulmalik held that the suit lacked merit and was speculative, finding that it disclosed no reasonable cause of action against the agencies named as defendants.
The Economic and Financial Crimes Commission (EFCC), Department of State Services (DSS) and Attorney General of the Federation (AGF) were consequently struck out of the case.
El-Rufai sought protection for accounts and assets
In the suit filed on February 24, El-Rufai sought an interim injunction directing the respondents to maintain the status quo concerning his assets.
The former governor, who has been in detention, argued that the order was necessary to prevent him from being placed in a position of helplessness.
The Bureau Journal previously reported on El-Rufai’s ongoing legal proceedings and his appointment to the ADC presidential campaign council while in ICPC custody.
His application covered naira and foreign-currency accounts held with Zenith Bank, Guaranty Trust Bank and Access Bank.
El-Rufai maintained that the severance payment he received after serving as Kaduna governor between 2015 and 2023 could not reasonably be suspected to represent proceeds of unlawful activity.
He also asked the court to declare that properties purchased with those funds were lawfully acquired.
Former governor raised fair-hearing concerns
El-Rufai sought a declaration that any attempt to obtain or execute an interim or final forfeiture or freezing order without reasonable suspicion supported by credible evidence would breach his rights.
His arguments relied on Section 17(1) of the Advance Fee Fraud and Other Related Offences Act, 2006, and the Supreme Court decision in Melrose General Services Ltd v. EFCC, identified in his application as SC/1519/2019.
He argued that he remained entitled to the presumption of innocence and the protection of his fundamental rights.
The former governor further contended that ex parte applications concealing material facts would violate fair-hearing principles and Section 36(5) of the Constitution.
Court dismisses application as speculative
Justice Abdulmalik rejected the suit, holding that the application did not establish a reasonable cause of action against the agencies concerned.
The ruling dismisses El-Rufai’s request for a preventive order against action on his assets. It does not, by itself, establish that his accounts have been frozen or that the funds and properties were unlawfully acquired.
In separate anti-graft proceedings, The Bureau Journal has reported on the withdrawal of a judge from Ali Bello’s ₦10 billion trial following an evidence dispute and calls by an Arewa group for fair treatment in Abubakar Malami’s trial.
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