Former Gov. Nasir El-Rufai of Kaduna State has prayed the Federal High Court in Abuja for an order restraining the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others from taking any step to freeze his bank accounts or seize his property.
El-Rufai, in a fresh suit filed by his lawyer, Oluwole Iyamu, SAN, urged the court for an order of interim injunction directing the respondents to maintain the status quo ante pending the hearing and determination of the application and the substantive originating motion.
The ex-governor said the order is necessary to prevent a fait accompli as recognised in previous cases.
Besides the ICPC, which is named as 1st respondent, others joined in the suit are the Economic and Financial Crimes Commission (EFCC, Department of State Services (DSS) and Attorney-General of the Federation (AGF) as 2nd to 4th respondents respectively.
In the originating process marked: FHC/ABJ/CS/368/2026 dated Feb. 23 but filed Feb. 24 by Iyamu, the former Kaduna governor sought eight reliefs.
El-Rufai is praying for a declaration that his severance pay, received upon the completion of his tenure as governor of Kaduna State between 2015 and 2023, cannot reasonably be suspected to be proceeds of any unlawful activity.
He sought “a declaration that the properties purchased by the applicant from his said severance pay were lawfully acquired and owned by him.
He listed the banks to include Zenith Bank Plc, Naira Account Number: 1007158671; Zenith Bank Pic, Domiciliary Account Number: 507 1511327; Guaranty Trust Bank (GTB) Plc (GTB), Account Number: 0023824978; Access Bank, Dollar Account Number: 1396386493 and Access Bank, Naira Account Number: 1396382103.
He also sought a declaration that any attempt or plan by the respondents or their agents to apply for, obtain or execute any interim or final forfeiture order, freezing order, seizure order, or any other order depriving him of his property and/or bank accounts, without first establishing a reasonable suspicion supported by credible evidence as required by relevant law would amount to a breach of his rights.
He cited the law as 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 (2024) SC/1519/2019.
El-Rufai prayed the court to declare that, as a citizen of Nigeria, is entitled to the presumption of innocence and the protection of his fundamental rights.
He said that any action by the respondents that seeks to circumvent these rights by way of ex-parte applications that conceal material facts would amount to a breach of Section 36(5) of the constitution and a violation of the principles of fair hearing.
The ex-governor, therefore, sought an order of perpetual injunction restraining the respondents from taking any step whatsoever to freeze, attach, seize, forfeit, or otherwise interfere with his said property and bank accounts.
He sought an order awarding the sum of N1 billion “as general, exemplary, and aggravated damages against the respondents jointly and severally for:
“The anticipated violation of the applicant’s fundamental rights;
“The psychological trauma, distress, anxiety, and reputational harm caused by the threat of unlawful forfeiture proceedings.
“The need to deter the respondents and other agencies from engaging in similar overreach, abuse of power, and disregard for constitutional safeguards.”
He equally sought an order awarding the sum of N100 million as costs of the action against the respondents, including legal fees and associated expenses.
El-Rufai, in his grounds for the application, said he “is a citizen of Nigeria and a former high-ranking public officer who served as Chief Executive of Nigeria’s Federal Privatisation Agency (1999-2003), Minister of the Federal Capital Territory, Abuja (2003-2007), and Governor of Kaduna State (2015-2023).”
He said he had never been convicted of any criminal offence and had repeatedly challenged anyone to come forward with evidence of wrongdoing, which challenge had gone unanswered.
He said upon the completion of his tenure as Governor of Kaduna State, he became entitled to, and received, severance pay calculated at 300 per cent of his annual basic salary pursuant to the RMAFC guidelines and the applicable laws of Kaduna State.
He specifically gave the state’s law as the Pension and Gratuity (Governor and Deputy Governor) Law 2006 (as amended in 2013 and 2020).
“This severance pay is a lawful entitlement, not proceeds of unlawful activity,” he said.
According to him, the applicant has legitimately applied for his said severance pay and other lawful earnings to acquire properties and maintain bank accounts, including the accounts specified in Relief 2 above with Zenith Bank Plc, GTB and Access Bank Pic.
“The ICPC concluded, without regard to applicable law or documentary facts, that the severance package is unlawful,” he said.
He said the AGF (4th respondent), being the Chief Law Officer of the Federation and the officer charged with superintendence over all prosecutorial and asset recovery activities of the Federal Government, is a necessary party to these proceedings to ensure that any order made by the court is binding on the Federal Government as a whole.
He, therefore, stated that any of such intended action by the respondents would be baseless and lacking in reasonable suspicion, as the severance pay in question is a lawful entitlement and there exists no credible evidence linking his property or accounts to any unlawful activity.
He said he had no other adequate remedy to prevent the threatened violation of his rights if the respondents are not restrained now. “The applicant has come to this court with clean hands, has nothing to hide and is ready and willing to cooperate with any lawful investigation conducted in accordance with due process,” he said.
