More than a month after the Independent Corrupt Practices and Other Related Offences Commission took former Kaduna State Governor Nasir El-Rufai into custody, the former governor is yet to be arraigned in any court, even as multiple legal battles continue to unfold across different courts in Abuja and Kaduna.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
The ICPC on Tuesday moved to clarify what it described as inaccurate media reports suggesting that the commission was in court seeking a fresh extension of El-Rufai’s detention. In a separate but significant development, the Court of Appeal sitting in Kaduna on the same day nullified a High Court judgment that had dismissed El-Rufai’s right to challenge the Kaduna State House of Assembly’s indictment for alleged corruption.
In a statement by the commission’s Head of Media and Public Communication, John Odey, the ICPC explained that it appeared in court on March 17 for the hearing of an application filed by El-Rufai on March 6, seeking to overturn a remand order granted on March 5 — not to seek a fresh extension of his detention.
Odey said that during proceedings, counsel for the former governor was served with the commission’s response to the application. The defence lawyer subsequently requested an adjournment to study the ICPC’s reply. The presiding magistrate adjourned the hearing to March 31, 2026.
The ICPC outlined the following timeline of the court-authorised detention: An initial remand order was granted permitting the commission to detain El-Rufai for 14 days to investigate allegations of money laundering and abuse of office. Upon expiration of the initial order, the commission applied for a further 14-day extension, which the court granted on March 5.
The commission noted that an earlier attempt by El-Rufai’s counsel to set aside the initial remand order issued on February 19 was dismissed by the court on March 9.
The ICPC maintained that the former governor remains in its lawful custody under the subsisting remand order granted on March 5 and that it was strictly adhering to the court-mandated timeline, including submitting progress reports as required.
A senior ICPC official, speaking on the development, explained that multiple suits filed by El-Rufai against the commission were the primary reason for the delay in arraigning the former governor.
The official said all injunctions filed against the ICPC must be vacated before the commission could proceed with arraignment. “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 stated.
In a motion before the magistrate court, El-Rufai made several serious allegations against the ICPC. He claimed that officials of the commission asked him not to participate in politics as a condition for his release from detention, arguing that this was a violation of his constitutional rights.
According to the court filing, El-Rufai 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 what his lawyers described as 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.
El-Rufai further claimed he was held incommunicado and denied access to family, lawyers, and medical care — actions his lawyers say violate due process and personal liberty under Nigerian law.
El-Rufai returned to Nigeria on February 12, 2026, from Cairo, Egypt. He honoured the invitation of the EFCC on February 16 and was grilled by detectives of the commission over alleged financial impropriety during his time as Kaduna governor.
He was released on administrative bail by the EFCC on February 19 and was immediately picked up by the ICPC, in whose custody he has remained since then.
The Department of State Services has also filed a separate suit against El-Rufai for allegedly wiretapping the telephone line of the National Security Adviser, Nuhu Ribadu.
In a significant parallel development, a three-member panel of justices of the Court of Appeal in Kaduna on Tuesday nullified a High Court judgment that had been delivered against El-Rufai on July 30, 2024.
The High Court’s ruling had dismissed El-Rufai’s right to challenge the Kaduna State House of Assembly’s indictment for alleged corruption, fraud, and embezzlement worth N432 billion during his tenure between 2015 and 2023.
The appellate court held that the assembly’s ad-hoc committee had indicted El-Rufai without affording him a hearing, and that the trial court had heard the matter in his absence without serving him or his counsel a hearing notice and without giving him an opportunity to respond to the counter-affidavit filed by the state assembly.
The Court of Appeal ordered that the fundamental rights enforcement matter be remitted to another judge of the Federal High Court in Kaduna for a fresh hearing.
El-Rufai had filed the appeal with number CA/K/240/2024 after the High Court dismissed his challenge against the Kaduna State House of Assembly and the Attorney-General of the State.
El-Rufai has multiple legal battles pending across different courts. A Federal High Court in Abuja is expected to hear a fundamental rights enforcement suit filed by the former governor on March 25. In that suit, El-Rufai is demanding N1 billion against the ICPC, challenging the raid on his Abuja home on February 19 and his detention beyond 48 hours without a court order.
The ICPC has maintained that it obtained a valid court order to search El-Rufai’s residence and to detain him.
A separate suit before an FCT High Court, with the EFCC, DSS, and AGF as defendants, in which El-Rufai is seeking to be granted bail, has been fixed for April 23.
Several lawyers have expressed concern over the prolonged detention of El-Rufai without arraignment.
Lawyer Abba Hikima said while investigations into alleged crimes should be encouraged, suspects should not be detained for prolonged periods without being charged. “It is unfortunate that in a constitutional democracy like Nigeria, a suspect can be held for this number of days without being charged. The law is clear that you don’t arrest someone and then start investigating. Investigation should come first before arrest and detention,” he said.
Salman Jawondo SAN said law enforcement agencies must strictly comply with constitutional provisions in detaining suspects during investigations. “Generally speaking, they ought to have taken him to court because he has been detained for more than two weeks now. Detention should not be punitive. We must create a level playing field when investigating crimes. Nobody should be too small or too big,” he stated.
Barrister Chibueze Maduka noted that the remand order obtained on February 19 elapsed on March 6, and that from that date, El-Rufai should have been formally charged, released, or the ICPC should have applied for an extension. He said failure to do any of the three would render continued detention from March 6 unlawful.
The Chairperson of the Women Forum of the NBA, 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, and that the ICPC should return to court if it requires more time.
It was gathered that prominent Nigerians have intervened in the matter by urging President Bola Tinubu to ensure that El-Rufai is arraigned in court and that the matter follows proper judicial process. Similarly, Sheikh Ibrahim Magary has also pleaded with leaders like former President Ibrahim Babangida to intervene.
The ICPC reiterated its commitment to professionalism and respect for the rule of law, stressing that it avoids media trials and believes legal disputes should be resolved in court rather than in the media.
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola
_______________________________________________________________________
