Only a Judge Can Decide – Nasir El-Rufai Alleges Political Persecution in ICPC Custody

Former Kaduna State Governor, Nasir El-Rufai, has strongly pushed back against his ongoing investigation and detention by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), describing the process as politically driven rather than a genuine anti-corruption effort.

El-Rufai, who has been in ICPC custody since February 19 following his transfer from the Economic and Financial Crimes Commission (EFCC), insists the case against him is tied to his political activities as a prominent member of the African Democratic Congress (ADC).

In written statements dated February 19 and 20, reportedly obtained by Premium Times, the former governor declined to answer investigators’ questions, stating that he would only respond to allegations in court.

“After nearly two years of intensive investigation, the ICPC should present its findings before a judicial tribunal,” he wrote. “I will respond to any allegations in a court of law only.”

He added that he does not consider the investigation to be legitimate law enforcement, calling it “political persecution” that only a judge can properly determine.

According to court filings by the commission, El-Rufai has consistently exercised his right to remain silent on the advice of his legal counsel, refusing to provide substantive answers to questions posed during interrogation.

ICPC prosecutor David Efuk disclosed in a counter-affidavit that operatives, working alongside the State Security Service (SSS), initially attempted to arrest the former governor at the Nnamdi Azikiwe International Airport on February 5 after his return from Egypt. The attempt was unsuccessful, as he allegedly declined to accompany officers without a formal invitation letter.

Subsequent efforts to serve him were said to have led investigators to his residence in Abuja, where he was invited to appear before the commission on February 13. Through his lawyer, he sought a new date of February 18. However, before that could happen, he was detained by the EFCC and later handed over to the ICPC on February 19.

That same day, ICPC officials executed a search warrant at his Asokoro home. The commission claimed it recovered sensitive security documents capable of compromising national security, as well as electronic devices allegedly designed for tapping conversations.

His son, Mohammed El-Rufai, a member of the House of Representatives, rejected those claims, maintaining that only old phones, laptops and flash drives were found. He described the allegation of phone-tapping equipment as unfounded.

The ICPC said its investigation followed a June 2024 petition by Nus’ab Chambers, accusing El-Rufai of diverting state funds, mismanaging loans and breaching procurement laws during his time in office. The agency stated it has obtained documentary evidence from banks and government institutions as part of its probe.

Prosecutors also indicated that as of February 26, the former governor had not addressed the substance of the allegations. Instead, much of his written submission reportedly focused on his biography, education and career. He informed investigators that he is retired and primarily resides in Egypt with his elderly mother.

In response to his detention, El-Rufai has filed a ₦1 billion fundamental rights enforcement suit at the Federal High Court in Abuja against the EFCC, ICPC, SSS and the Attorney-General of the Federation. He is asking the court to declare his arrest, detention and the search of his residence unlawful, award damages, and restrain authorities from freezing his bank accounts or confiscating his property.

A former chieftain of the All Progressives Congress (APC), El-Rufai defected to the ADC last year and has since emerged as a vocal critic of President Bola Tinubu’s administration, further intensifying the political undertones surrounding his case.

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