* Accuses Agency Of Forgery, Contempt, Defamation
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Former Kaduna State Governor, Nasir Ahmad El-Rufai, has formally served the Independent Corrupt Practices and Other Related Offences Commission (ICPC) with a pre-action notice of legal proceedings.
In the letter, he accused the anti-graft agency of contempt of court, malicious prosecution, defamation, abuse of office, forgery, uttering a false document, unlawful detention, and violation of fundamental rights.
The notice, dated March 4, 2026, was delivered to ICPC headquarters in Abuja by El-Rufai’s legal team.
The notice is in response to a press statement issued by ICPC on March 2, 2026, which El-Rufai’s lawyers describe as “reckless, defamatory, and legally untenable.”
The former governor and his legal team have accused ICPC of engaging in a media trial instead of following proper legal procedures.
The legal notice opens with a scathing assessment of ICPC, describing the agency’s recent actions as a “circus of chicanery, theatrical posturing, and media trial.”
The statement warns that the letter is not a press release but a formal pre-action notice, representing the final courtesy before full legal action is pursued.
“The Commission, established by law to combat corruption and uphold integrity, has descended into what can only be described as a circus of illegality… Your press statement is the frantic scribbling of an organization caught with its hands in the cookie jar of illegality,” the letter states.
El-Rufai’s legal team emphasised that the former governor’s exercise of his constitutional right to remain silent during ICPC investigations has been wrongly portrayed as non-cooperation.
They cite:
- Section 35(2) of the 1999 Nigerian Constitution, guaranteeing that any arrested person must be informed of the facts and grounds of their arrest within 24 hours.
- Section 36(11), which allows a person charged with a criminal offence to remain silent without such silence being used as evidence against them.
The notice stresses that silence is not evidence of guilt and accuses ICPC of showing “an inquisitorial mindset and disregard for the very laws they are sworn to uphold.”
El-Rufai is quoted challenging ICPC:
“CHARGE ME, IF YOU HAVE ANYTHING AGAINST ME. YOU HAVE HAD MORE THAN TWO YEARS TO INVESTIGATE ME. TAKE ME TO COURT, PLEASE.”
The notice identifies the remand order dated February 19, 2026, relied upon by ICPC for El-Rufai’s detention, as a forgery. Key points include:
Jurisdictional Error: The order was purportedly issued by a Chief Magistrate Court for offences of money laundering and abuse of office that magistrates cannot try. The notice cites directives from former Chief Judge of the FCT, Hon. Justice Ishaq Bello, forbidding magistrates from entertaining cases outside their jurisdiction.
Supreme Court Ruling: The letter references the Lufadeju & Anor v. Johnson (2007) 2 ALI NLR 390 case, where the Supreme Court held that proceedings by a magistrate lacking jurisdiction are void ab initio.
“The proceedings before the Magistrate Court on 19th February, 2026, are a nullity. They are as if they never happened,” the notice states.
Forgery Under Penal Code: The notice argues that when a public officer knowingly issues a judicial order outside jurisdiction, and an agency uses it to detain a citizen, it constitutes forgery under the FCT Penal Code.
El-Rufai’s legal team accuses ICPC of:
- Issuing defamatory press statements instead of pursuing legitimate legal action.
- Engaging in media trial tactics to manipulate public perception.
- Abuse of office by attempting to procure illegal judicial orders.
The notice makes it clear that ICPC, its Chairman, and any responsible officers may be sued personally and in their official capacities.
The notice concludes by placing ICPC on pre-action notice, warning that this is the final courtesy before legal proceedings are initiated for the full range of alleged crimes, torts, and constitutional violations.
“We have been instructed to commence immediate legal proceedings against the Commission, its Chairman, and any other officers responsible for this series of illegalities,” the letter states.
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