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.<\/p>\n
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.<\/p>\n
The notice, dated March 4, 2026, was delivered to ICPC headquarters in Abuja by El-Rufai\u2019s legal team.<\/p>\n
It is in response to a press statement issued by ICPC on March 2, 2026, which El-Rufai\u2019s lawyers describe as \u201creckless, defamatory, and legally untenable.\u201d<\/p>\n
The former governor and his legal team have accused ICPC of engaging in a media trial instead of following proper legal procedures.<\/p>\n
ICPC accused of descending into \u201cinfamy\u201d: The legal notice opens with a scathing assessment of ICPC, describing the agency\u2019s recent actions as a \u201ccircus of chicanery, theatrical posturing, and media trial.\u201d 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.<\/p>\n
\u201cThe Commission, established by law to combat corruption and uphold integrity, has descended into what can only be described as a circus of illegality\u2026 Your press statement is the frantic scribbling of an organization caught with its hands in the cookie jar of illegality,\u201d the letter states.<\/p>\n
Right to silence misrepresented: El-Rufai\u2019s legal team emphasized that the former governor\u2019s exercise of his constitutional right to remain silent during ICPC investigations has been wrongly portrayed as non-cooperation.<\/p>\n
They cite:<\/p>\n
\u2022 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.<\/p>\n
\u2022 Section 36(11), which allows a person charged with a criminal offence to remain silent without such silence being used as evidence against them.<\/p>\n
The notice stresses that silence is not evidence of guilt and accuses ICPC of showing \u201can inquisitorial mindset and disregard for the very laws they are sworn to uphold.\u201d<\/p>\n
El-Rufai is quoted challenging ICPC:<\/p>\n
\u201cCHARGE ME, IF YOU HAVE ANYTHING AGAINST ME. YOU HAVE HAD MORE THAN TWO YEARS TO INVESTIGATE ME. TAKE ME TO COURT, PLEASE.\u201d<\/p>\n
Alleged forgery of remand order: The notice identifies the remand order dated February 19, 2026, relied upon by ICPC for El-Rufai\u2019s detention, as a forgery. Key points include:<\/p>\n
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.<\/p>\n
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 notice states:<\/p>\n
\u201cThe proceedings before the Magistrate Court on 19th February, 2026, are a nullity. They are as if they never happened.\u201d<\/p>\n
Forgery under the 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.<\/p>\n
Alleged media trial and abuse of office: El-Rufai\u2019s legal team accuses ICPC of:<\/p>\n
\u2022 Issuing defamatory press statements instead of pursuing legitimate legal action.<\/p>\n
\u2022 Engaging in media trial tactics to manipulate public perception.<\/p>\n
\u2022 Abuse of office by attempting to procure illegal judicial orders.<\/p>\n
The notice makes it clear that ICPC, its Chairman, and any responsible officers may be sued personally and in their official capacities.<\/p>\n
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.<\/p>\n
\u201cWe have been instructed to commence immediate legal proceedings against the Commission, its Chairman, and any other officers responsible for this series of illegalities,\u201d the letter states.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":84,"featured_media":196613,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,14],"tags":[],"class_list":["post-196614","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-policy"],"yoast_head":"\n