A Federal Prime Court docket sitting in Abuja, on Thursday brushed aside the swimsuit filed by means of a former governor of Kaduna State, Nasir El-Rufai, to hunt an order restraining the Division of State Services and products (DSS), Impartial Corrupt Practices and Different Similar Offences Fee (ICPC) and others from freezing his financial institution accounts and seizing his property.
The courtroom, whilst disregarding the swimsuit, held that the swimsuit used to be speculative in nature and lacked advantage, including that the case didn’t divulge any cheap reason for motion in opposition to the EFCC, DSS and AGF, and therefore struck out their names from the swimsuit.
Day by day Consider studies that the swimsuit, dated February 23, 2026 and filed on February 24, 2026 by means of Oluwole Iyamu, a Senior Recommend of Nigeria, suggested the courtroom for an order of meantime injunction directing the respondents to care for the established order ante.
Different respondents within the swimsuit incorporated the Financial and Monetary Crimes Fee (EFCC), Division of State Services and products (DSS) and Lawyer-Common of the Federation (AGF), who have been joined as second to 4th respondents respectively.
Within the swimsuit, El-Rufai argued that the order used to be important to forestall a fait accompli as recognised in earlier instances, praying for a declaration that his severance pay, won upon the final touch of his tenure as governor of Kaduna State between 2015 and 2023, can’t somewhat be suspected to be, proceeds of any illegal task.
The previous governor sought a declaration that the homes bought by means of him from his stated severance pay have been lawfully obtained and owned by means of him.
He indexed the banks to incorporate Zenith Financial institution %, Naira Account Quantity: 1007158671; Zenith Financial institution %, Domiciliary Account Quantity: 507 1511327; Warranty Consider Financial institution (GTB) % (GTB), Account Quantity: 0023824978; Get right of entry to Financial institution, Buck Account Quantity: 1396386493 and Get right of entry to Financial institution, Naira Account Quantity: 1396382103.
El-Rufai additionally sought a declaration that any try by means of the respondents to use for, download or execute any meantime or ultimate forfeiture order, freezing order, with out first organising an affordable suspicion supported by means of credible proof as required by means of related legislation would quantity to a breach of his rights.
Mentioning Phase 17(1) of the Advance Rate Fraud and Different Similar Offences Act, 2006 and the Ideally suited Court docket resolution in Melrose Common Services and products Ltd v. EFCC (2024) SC/1519/2019, El-Rufai prayed the courtroom to claim that, as a citizen of Nigeria, is entitled to the presumption of innocence and the safety of his elementary rights.
He stated that any motion by means of the respondents that seeks to bypass those rights by the use of ex-parte programs that hide subject material details would quantity to a breach of Phase 36(5) of the charter and a contravention of the foundations of truthful listening to.
The ex-governor, subsequently, sought an order of perpetual injunction restraining the respondents from taking any step in any way to freeze, connect, take hold of, forfeit, or another way intrude together with his stated assets and financial institution accounts.
He sought an order awarding the sum of N1 billion “as basic, exemplary, and annoyed damages in opposition to the respondents collectively and severally for:
“The predicted violation of the applicant’s elementary rights; The mental trauma, misery, anxiousness, and reputational hurt led to by means of the specter of illegal forfeiture court cases.
“The wish to deter the respondents and different businesses from enticing in equivalent overreach, abuse of energy, and put out of your mind for constitutional safeguards.”
He similarly sought an order awarding the sum of N100 million as prices of the motion in opposition to the respondents, together with prison charges and related bills.
The ICPC, in its initial objection filed by means of Abdul Mohammed, SAN, prayed the courtroom to disregard the swimsuit in its entirety for being “incompetent and a gross abuse of courtroom procedure”.
The ICPC submitted that El-Rufai’s arrest, the quest of his place of abode and the predicted asset tracing and freezing all stemmed from a novel, steady and ongoing prison investigation by means of the fee.
It argued that slightly than consolidating his grievances right into a unmarried, complete motion, the ex-governor intentionally engaged in discussion board buying groceries and the fragmentation of his claims by means of instituting 3 parallel fits throughout two other courtroom hierarchies inside a span of simply 12 days.
It stated that but even so the moment swimsuit, the applicant filed swimsuit quantity: FHC/ABJ/CS/345/2026 on Feb. 20 at FHC, difficult the quest warrant and the enforcement of elementary human rights.
The fee stated El-Rufai additionally filed swimsuit quantity: FCT/HC/CV/950/2026 on March 3 on the FCT Prime Court docket, difficult the remand order and the enforcement of elementary human rights.
It argued that the planned proliferation of overlapping fits searching for equivalent financial and injunctive reliefs in opposition to the similar number one legislation enforcement company constituted “a textbook definition of abuse of courtroom procedure.
It additionally argued that the swimsuit used to be designed to aggravate the fee, overreach the judicial device and create the perilous possibility of conflicting judgments from coordinate courts.”
The DSS, in its initial objection filed by means of Ayodeji Adedipe, a Senior Recommend of Nigeria, suggested the courtroom to strike out the swimsuit for being incompetent.
It additionally prayed the courtroom to strike out its title from the swimsuit for failure to divulge any cheap reason for motion in opposition to the carrier, amongst others.
The AGF, additionally in his counter affidavit argued in courtroom by means of Maimuna Lami-Shiru, Director of Civil Litigation and Public Legislation, submitted that the 4th respondent is just a important birthday celebration in fits that without delay concerned the Federal Executive of Nigeria.
She argued that the depositions in El-Rufai’s affidavit have been speculative.
The attorney argued that an meantime forfeiture isn’t a last forfeiture order and it used to be handiest important to allow the ICPC perform its investigations.
She submitted that an utility for an meantime forfeiture order didn’t by any means breach El-Rufai’s rights.
The director additionally argued that the ICPC, EFCC and DSS are empowered to make an utility for forfeiture to a courtroom of competent jurisdiction, throughout their investigations.
The attorney, who suggested the courtroom to disregard the swimsuit, stated the ex-governor had equivalent instances in FCT Prime Court docket and FHC, the place he sued the first, second and 4th respondents.
However turning in his judgement in spite of everything the arguments, Justice Joyce Abdulmalik, brushed aside the swimsuit for being an abuse of courtroom procedure since the former governor had filed a equivalent swimsuit within the FCT Prime Court docket.
Justice Abdulmalik agreed with the arguments of the ICPC, EFCC, DSS and AGF {that a} courtroom of legislation can’t be utilized by any citizen to forestall legislation enforcement businesses from appearing their statutory tasks.
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