A month after the Independent Corrupt Practices and Other Related Offences Commission (ICPC) took the former governor of Kaduna State, Nasir El-Rufai into custody, he is yet to be arraigned in any court.

This is just as the Court of Appeal in Kaduna on Tuesday, overturned the verdict of a High Court in the state which dismissed El-Rufai’s right to challenge the Kaduna State House of Assembly’s indictment for alleged corruption.

El-Rufai had earlier spent two nights in the custody of the Economic and Financial Crimes Commission (EFCC) over alleged financial impropriety when he was governor before he was picked up by the Department of State Services and then the ICPC.

On February 16, the former governor honoured the invitation extended to him by the EFCC, where he was grilled by detectives of the commission.

This was after security operatives failed to arrest him at the Abuja airport when he returned from Egypt.

What transpired in court before

Lawyers said although the court can extend the remand, doing so without a court order violates Section 293- 296 of the Administration of the Criminal Justice Act (ACJA).

The ICPC had on February 19 obtained a 14-day remand order from a Chief Magistrate Court in Bwari, FCT to keep El-Rufai, which was renewed.

However, El-Rufai’s lawyers had filed a motion challenging the extension of the remand order for the ICPC, where they raised several grounds which were earlier fixed for ruling yesterday.

Magistrate Okechukwu Akweke is expected to rule on March 19.

In the motion before the magistrate court, El-Rufai alleged that officials of the ICPC asked him not to participate in politics as a condition for his release from detention, arguing that it was a violation of his constitutional rights.

According to the filing, he initially reported to the EFCC on February 16, and was granted bail, after which the DSS arrested him and later transferred him to ICPC without clear legal authority, leading to his unlawful detention.

The suit accused top officials, including the ICPC chairman and DSS Director-General, of wrongful confinement and restraint. His legal team also argued that the remand order was invalid and that his detention exceeded the legal timeframe without proper justification.

In addition, El-Rufai claimed he was held incommunicado, denied access to family, lawyers, and medical care actions his lawyers say violate due process and personal liberty under Nigerian law.

We’re constrained by different litigations – ICPC

Speaking to one of our correspondents last night, a senior official at the ICPC, explained that multiple suits filed against the commission were delaying his arraignment in court.

He said all the injunctions against the ICPC must be vacated before the commission could arraign the former governor.

“El-Rufai is the one delaying his arraignment in court. He has filed different suits against the commission. So, some of these suits need to be vacated before we can proceed legally,” the official said.

The spokesman of the ICPC, John Odey, in a statement yesterday, insisted that the custody status of El-Rufai remains legal.

He said it was the counsel to the former governor that requested a long adjournment date for some of the cases filed regarding El-Rufai’s extension order.

Odey said: “The Independent Corrupt Practices and Other Related Offences Commission (ICPC) wishes to clarify the current legal status of the remand in detention of the former Governor of Kaduna State, Mallam Nasir Ahmad El-Rufai.

“This statement is necessary to correct inaccurate reports by some media outlets suggesting that the commission was in court today, 17th March 2026, seeking a fresh extension of his detention.

“The commission appeared in court today for the hearing of Mallam El-Rufai’s application, dated and filed on 6th March 2026, which seeks to overturn the court order renewing his remand issued on 5th March 2026.

“During today’s proceedings, counsel to Mr El-Rufai was served with our response to his application. The lawyer subsequently requested an adjournment to respond to the Commission’s response.

“Consequently, the Magistrate adjourned the hearing of the application to 31st March 2026 to allow Mr El Rufai’s team sufficient time to react to our response.

“To keep the public informed, the commission provides the following timeline of the court authorised detention.

“The initial remand order was granted, allowing the Commission to detain the suspect for 14 days to investigate allegations of money laundering and abuse of office.

“Upon the expiration of the initial order, the Commission applied for a 14-day extension to complete its investigations, which the court acceded to on 5th March, 2026.

“Counsel to El-Rufai attempted to set aside the remand order issued on 19th February, 2026, but the application was dismissed on 9th March, 2026.

“Mallam El-Rufai remains in the lawful custody of the ICPC under the remand order dated 5th March, 2026.”

The ICPC spokesman said the commission was strictly following the court mandated timeline, including the requirement for a progress report.

According to him, the ICPC conducts its duties with the highest professionalism and respect for the rule of law.

“The remand of Mr El-Rufai has been authorised by a court of law in accordance with the Administration of Criminal Justice Act (ACJA) 2015.

“Furthermore, the ICPC remains firm in upholding its longstanding policy of avoiding media trials. We believe that legal disputes should be settled in the courtroom, not on newspaper pages and social media platforms,” he said.

A/Court quashes ex-gov’s indictment

A three-member panel of justices of the Court of Appeal in Kaduna yesterday nullified the High Court’s judgement against El Rufai, which was delivered on July 30, 2024 for lack of fair hearing by the assembly panel.

The High Court’s ruling had dismissed El Rufai’s right to challenge the Kaduna State House of Assembly’s indictment for alleged corruption.

The appellate court on Tuesday ordered that the fundamental rights enforcement matter be remitted to another judge of the Federal High Court in Kaduna for fresh hearing.

El-Rufai had filed the appeal with number: CA/K/240/2024 after the high court dismissed his contention against the Kaduna State House of Assembly and the Attorney-General of the State in June, 2024 when the assembly’s ad-hoc committee indicted him for corruption, fraud and embezzlement worth N432 billion during his tenure between 2015 and 2023 without affording him a hearing.

He had also contended that the trial court heard the matter in his absence without serving him/his counsel a hearing notice, and without giving him an opportunity of responding to the counter affidavit filed by the state assembly until the judgement by Justice R.M. Aikawa.

Court to hear rights suit March 25

A Federal High Court in Abuja is expected to hear the fundamental rights enforcement suit filed by El-Rufai on March 25.

Justice Joyce Abdulmalik fixed the suit after the matter was mentioned and parties were advised to regularise their processes.

In a fundamental rights enforcement suit before the court, El-Rufai is demanding the sum of N1 billion against the ICPC challenging the raid on his Abuja home on February 19 and that he was detained beyond 48 hours without a court order.

Joined in the suit are; the ICPC, the Chief Magistrate of the FCT Magistrate Court, the Nigeria Police Force, and the Attorney General of the Federation.

However, the ICPC said it obtained a valid order of court to search El-Rufai’s residence and to detain him.

El-Rufai’s pending suit before an FCT High Court which has the EFCC, DSS and AGF as defendants seeking to be granted bail has been fixed for April 23.

Detention without legal backing unlawful – Lawyers

Lawyers had, in separate interviews with Daily Trust, stated that the continued detention of El-Rufai by the ICPC without any legal basis raises questions about the agency’s respect for the rule of law.

Barrister Abba Hikima said while investigations into alleged crimes should be encouraged, suspects should not be detained for prolonged periods without being charged in court.

“It is unfortunate that in a constitutional democracy like Nigeria, a suspect can be held for this number of days without being charged,” he said.

Hikima stressed that investigations should precede arrests.

“The law is clear that you don’t arrest someone and then start investigating. Investigation should come first before arrest and detention,” he said.

Barrister Yusuf Ali Faragai said the constitution requires that anyone accused of committing an offence should be brought before a court within a short period, except where a valid detention order has been obtained.

The Chairperson of the Women Forum of the Nigerian Bar Association, Barrister Huwaila Muhammad Ibrahim, said investigating agencies are expected to present suspects before a court within 24 hours, except where the court grants an extension.

She said since the court had already given the ICPC two weeks to either charge or release the former governor, the commission should return to the court if it requires more time to conclude investigations.

“It is for the investigating authority to go back to the court and explain why the time given is not sufficient for them to conclude the investigation,

she said.

Salman Jawondo (SAN) said law enforcement agencies must strictly comply with constitutional provisions in detaining suspects during investigations.

He maintained that prolonged detention without court proceedings raises legal concerns.

‘Generally speaking, they ought to have taken him to court because he has been detained for more than two weeks now. If they have reasons why he should not be granted bail, the court will consider them.

‘Detention should not be punitive. We must create a level playing field when investigating crimes. Nobody should be too small or too big,’ he said.

Barrister Chibueze Maduka said, ‘In El-Rufai’s case, the remand order obtained by ICPC on 19th February 2026 elapsed on 6th March 2026. From 6th March 2026, it is expected that El-Rufai should be formally charged, released, or ICPC apply for an extension of the order. If they fail to do any of the three above, the continuous detention of El-Rufai from 6th March 2026 is unlawful.’

Similarly, Abeny Mohammed (SAN) said detention orders obtained from court are renewable by the court upon an application by the EFCC or the ICPC.

On his part, Sam Ogala Esq, said the decision of the court to extend could depend on the circumstances of the case, if there is need for further investigation or where the defendant is not cooperating with the investigators.

E.M.D. Umukoro Esq said where there is a violation of fundamental rights, the court can remedy that if the defendant or detainees seek such.

“The defendant or a suspect can be lawfully detained or held in custody when the prosecuting agency is able to approach the court with facts and evidence to convince the court that such a person should be held in custody either as a result of inconclusive investigation, or that the individual is a flight risk or that the person or suspect can tamper with the evidence, or could be the seriousness of the offence.

“In any of these cases, the court is allowed to review, may give 30 days, review and another 30 days,” he said.

It was gathered that prominent Nigerians had intervened in the matter by urging President Bola Ahmed Tinubu, to ensure that El- Rufai is arraigned in court and the matter should follow the proper judicial process. Similarly, Sheikh Ibrahim Magary, had also pleaded with leaders like former President Ibrahim Babangida to intervene. (Daily Trust)

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