The ICPC released Mr El-Rufai temporarily on Friday so he could attend his mother’s funeral.
The Federal High Court in Abuja on Tuesday postponed the hearing of former Kaduna State Governor Nasir El-Rufai’s bail application until Wednesday, prompting ICPC agents to take him back into custody after proceedings.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) reportedly released Mr El-Rufai, who is facing corruption charges before the court, from custody on Friday on compassionate grounds following his mother’s passing.
The ICPC arraigned him and his co-defendant on 10 corruption charges on 24 March.
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Trial judge Ridwan Aikawa then set today (Tuesday) for the hearing of the defendants’ bail applications and ordered the two defendants to be remanded in ICPC custody pending the hearing.
However, on Friday, four days before the court’s return date, the ICPC chose to temporarily release the former governor so he could attend his mother’s funeral.
Many lawyers and other members of the public criticised the ICPC for the gesture, which they believed to be a preferential treatment in favour of a member of the elite class and a disregard for the court’s remand order.
The body of his mother, Ummar El-Rufai, who died in Cairo, Egypt, on Friday, was laid to rest in Abuja on Sunday.
PREMIUM TIMES reported earlier that Mr El-Rufai returned to court on Tuesday, two days after the burial ceremony for the continuation of hearing in his corruption case.
The proceedings were held under tight security and journalists were prevented from entering the courtroom during proceedings.
ICPC sources told one of our reporters on Tuesday that Mr El-Rufai had returned to custody after the funeral. ICPC agents produced him in court for Tuesday’s hearing.
But the bail hearing could not proceed on Tuesday as scheduled.
Mr El-Rufai’s lawyer, Ukpong Akpan, confirmed that the bail hearing stalled but declined to provide details.
“I’m sorry, I can’t talk now, we are in the middle of work. I have to go and file responses. The hearing of the bail application has been adjourned till tomorrow,” he told journalists, who were prevented from entering the courtroom during proceedings.
Shortly after the court rose, Mr El-Rufai was escorted out of the premises by operatives of the ICPC in a white Hilux vehicle.
The ICPC had detained Mr El-Rufai since 18 February before the court ordered his further remand in the agency’s custody on 24 March.
Before appearing at the Federal High Court in Kaduna on Tuesday, Mr El-Rufai was first taken to the Kaduna State High Court in Kaduna where another corruption case is pending against him.
The arraignment could not take place at the state High Court because Mr El-Rufai’s co-defendant was absent for health reasons.
Federal High Court charges
In the charges pending at the Federal High Court, ICPC accused Mr El-Rufai of fraudulently taking inflated severance pay of about N289.8 million at the end of each of his two terms in office, instead of N20 million that he was legitimately entitled to on each occasion.
The anti-graft agency alleged that Mr El-Rufai took the first N289.8 million in September 2020 – after completing his first term in office in May 2019 – and the second N289.8 million in January 2023 – months before the end of his second term in May 2023.
The pays totalled N579.7 million, instead of the about N40 million he was said to be entitled to for the two terms.
The commission added that each of the pays “represents 300% of your annual basic salary which you reasonably ought to have known that such fund formed part of the proceeds of an unlawful act, to wit: corruption.”
It said the offences were contrary to Section 18(2}(d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition} Act, 2022.
In the other eight counts, ICPC accused Mr El-Rufai of receiving deposits of alleged proceeds of corruption and fraud totalling $817,900 in tranches in his Guaranty Trust Bank (GTB) domiciliary account. He allegedly received the deposits while he was serving as the governor of Kaduna State.
ICPC said Mr El-Rufai, who served two terms as governor from May 2015 to May 2023, received the deposits in tranches, ranging from $4,000 to $320,800. He allegedly received the deposits in the same domiciliary account from various individuals between 2016 and March 2023.
His co-defendant, Mr Adoga, appeared as a defendant in only one out of the 10 counts. But the commission named him in another count as one of the persons who deposited money in Mr El-Rufai’s dollar domiciliary account.
ICPC rearrested Mr El Rufai on 18 February as soon as the Economic and Financial Crimes Commission (EFCC) released him after two days of detaining him over corruption allegations.
PREMIUM TIMES reported earlier this month that the ICPC explained in a court filing that it was detaining Mr El-Rufai to conclude his investigation.
ICPC gave the explanation in a filing opposing a suit Mr El-Rufai filed the suit at the Federal High Court in Abuja, alleging that his arrest and detention violated his fundamental rights. He asked the court to declare the actions of the anti-graft agencies unlawful and to award him N1 billion in damages.
But the ICPC said it started investigating Mr El-Rufai after receiving a petition accusing him and officials of his administration of financial misconduct between 2015 and 2023.
The petition raised allegations relating to loans obtained by the Kaduna State Government, procurement processes, transfers from government accounts and payments to companies and individuals.
ICPC said it began preliminary investigations and obtained documents from banks and government institutions. It then issued an invitation letter dated 9 February.
Mr El-Rufai is also facing prosecution by the State Security Service (SSS) over alleged phone-tapping claims involving the National Security Adviser, Nuhu Ribadu.
The Federal High Court in Abuja has fixed 23 April for his arraignment in that case.
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