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El-Rufai seeks court order to stop ICPC, EFCC from freezing assets

Former Nasir el-Rufai has approached the Federal High Court in Abuja, seeking to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other security agencies from freezing his bank accounts or seizing his assets.

In a suit filed by his counsel, Oluwole Iyamu (SAN), the former Kaduna State governor is asking the court to grant an interim injunction directing the respondents to maintain the status quo pending the hearing and determination of the substantive case. He argued that the order is necessary to prevent a fait accompli, relying on established judicial precedents.

Other respondents in the suit include the Economic and Financial Crimes Commission (EFCC), the Department of State Services (DSS), and the Attorney-General of the Federation (AGF).

The originating process, marked FHC/ABJ/CS/368/2026 and dated February 23 but filed on February 24, seeks eight reliefs. Among them, El-Rufai is asking the court to declare that his severance pay, received at the end of his tenure as Kaduna State governor from 2015 to 2023, cannot reasonably be regarded as proceeds of unlawful activity.

He is also seeking a declaration that properties acquired with the severance package were lawfully obtained and remain his legal possessions. The former governor listed several bank accounts allegedly affected, including accounts with Zenith Bank, Guaranty Trust Bank, and Access Bank, in both naira and dollar denominations.

El-Rufai further prayed the court to hold that any attempt by the agencies to obtain forfeiture, freezing, or seizure orders against him without credible evidence would violate his fundamental rights. He cited Section 17(1) of the Advance Fee Fraud Act and the Supreme Court decision in Melrose General Services Ltd v. EFCC (2024), arguing that any ex-parte application that conceals material facts would breach his right to fair hearing and the constitutional presumption of innocence under Section 36(5).

Consequently, he is seeking a perpetual injunction restraining the agencies from interfering with his bank accounts and properties. He is also claiming N1 billion in general, exemplary, and aggravated damages for alleged threats to his rights, psychological distress, and reputational harm, as well as N100 million as cost of the action.

In his supporting affidavit, El-Rufai maintained that he has never been convicted of any criminal offence. He stated that his severance pay was calculated at 300 per cent of his annual basic salary in line with the Kaduna State Pension and Gratuity (Governor and Deputy Governor) Law and guidelines of the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).

He described the funds as lawfully earned and accused the ICPC of wrongly concluding that the severance package was unlawful. He added that the AGF was joined in the suit to ensure that any order of the court would be binding on the Federal Government, while affirming his willingness to cooperate with any lawful investigation conducted in accordance with due process.

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