A Federal High Court in Abuja has dismissed a lawsuit filed by Nasir El-Rufai, former governor of Kaduna State, seeking to prevent the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other government agencies from freezing his bank accounts or seizing his assets. Justice Joyce Abdulmalik ruled on Thursday that the suit constituted an abuse of court process, as El-Rufai had filed similar cases before two different courts within a 12-day period.
Background of the Suit
El-Rufai had dragged the ICPC, the Economic and Financial Crimes Commission (EFCC), the Department of State Services (DSS), and the Attorney-General of the Federation (AGF) before the court as first to fourth respondents. The suit, marked FHC/ABJ/CS/368/2026, was filed on February 24 by his counsel, Oluwole Iyamu, a Senior Advocate of Nigeria, as reported by The Cable.
The former governor sought N1 billion in general, exemplary, and aggravated damages, citing psychological distress, anxiety, and reputational harm he claimed would arise from any unlawful forfeiture proceedings. He also claimed N100 million in legal costs. Additionally, he requested a perpetual injunction to protect assets he said were purchased with lawful severance pay from his time as governor from 2015 to 2023.
Court's Reasoning for Dismissal
The judge found that El-Rufai had filed similar suits before both the FCT High Court and the Federal High Court, accepting the respondents' argument that running parallel cases before courts of the same level created a risk of conflicting judgements. Abdulmalik also held that a court could not be used to prevent law enforcement agencies from performing their statutory duties, and described the suit as speculative and lacking in merit.
She struck out the names of the EFCC, DSS, and AGF as respondents, finding that the suit disclosed no reasonable cause of action against them. The ICPC had asked the court to dismiss the case outright, arguing that El-Rufai fragmented a single, ongoing criminal investigation into three separate suits filed before two different courts within 12 days.
Details of the Parallel Suits
According to the ICPC, El-Rufai filed one suit at the Federal High Court on February 20 challenging a search warrant, a second at the FCT High Court on March 3 challenging a remand order, and this third suit on February 24. The commission argued that this fragmentation was an abuse of court process.
In the dismissed suit, the former governor asked the court to restrain all four respondents from freezing his accounts or seizing his assets while the substantive matter was being heard. He argued that the severance pay he received after his governorship could not reasonably be considered proceeds of unlawful activity, and that properties purchased with those funds were lawfully owned.
AGF's Argument and Related Developments
The AGF's representative, Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, argued that an interim forfeiture order was not a final forfeiture order and that seeking one did not, on its own, violate El-Rufai's rights, as the ICPC, EFCC, and DSS were each legally empowered to apply to a competent court for such orders during investigations.
In a related development, Legit.ng earlier reported that Bolaji Abdullahi, the national publicity secretary of the African Democratic Congress (ADC), issued a direct warning to President Tinubu over the detention of El-Rufai. Abdullahi alleged that El-Rufai's continued custody was politically motivated and designed to sideline him from the 2027 elections. El-Rufai is facing separate trials by the DSS and ICPC, with his bail application dismissed in early July, while his wives appealed to Tinubu for help.
