By Kazeem Waris
Former Governor of Kaduna State, Nasir El-Rufai, has failed in his bid to obtain a court order restraining the Independent Corrupt Practices and Other Related Offences Commission, ICPC, and other federal agencies from freezing his bank accounts or taking steps affecting his assets.
The Federal High Court in Abuja, in a ruling by Justice Joyce Abdulmalik, dismissed the suit filed by the former governor, holding that it lacked merit and was speculative.
The court also held that no reasonable cause of action had been disclosed against the agencies listed as defendants, consequently striking out the Economic and Financial Crimes Commission, EFCC; the Department of State Services, DSS; and the Attorney-General of the Federation, AGF, from the suit.
El-Rufai had approached the court on February 24, seeking an interim injunction directing the respondents to maintain the status quo ante regarding his assets.
He argued that the order was necessary to prevent him from being placed in a state of helplessness should any of the agencies take steps to restrict access to his accounts or affect his properties.
Central to his application was his position that the severance benefits he received after completing his tenure as governor of Kaduna State between 2015 and 2023 could not reasonably be suspected to be proceeds of unlawful activity.
He urged the court to declare that properties purchased with the severance benefits were lawfully acquired.
The former governor also sought an order to protect five bank accounts held with Zenith Bank Plc, Guaranty Trust Bank Plc and Access Bank Plc.
The accounts listed in the suit included Zenith Bank naira account number 1007158671; Zenith Bank domiciliary account number 5071511327; Guaranty Trust Bank account number 0023824978; Access Bank dollar account number 1396386493; and Access Bank naira account number 1396382103.
El-Rufai further asked the court to declare that any attempt by the respondents to apply for, obtain or execute an interim or final forfeiture or freezing order without first establishing reasonable suspicion supported by credible evidence, as required by law, would violate his rights.
To support his application, he relied on Section 17(1) of the Advance Fee Fraud and Other Related Offences Act, 2006, and the Supreme Court decision in Melrose General Services Ltd v. EFCC (2024), SC/1519/2019.
He argued that, as a Nigerian citizen, he was entitled to the presumption of innocence and the protection of his constitutionally guaranteed fundamental rights.
The former governor also contended that any attempt by the respondents to circumvent those rights through ex parte applications that conceal material facts would violate Section 36(5) of the Constitution and undermine the principles of fair hearing.
However, Justice Abdulmalik dismissed the suit, describing it as speculative and holding that it failed to disclose a reasonable cause of action against the defendants.
The ruling means El-Rufai did not obtain the protective orders he sought against possible action affecting his bank accounts and assets.
His application had sought to ensure that any freezing or forfeiture measures would be supported by the requisite legal basis and credible evidence.
The dismissal of the suit, however, does not by itself establish that the severance benefits or properties identified by El-Rufai were unlawfully acquired. The case, as presented in the supplied report, concerned his request for preventive court orders against anticipated action by the authorities.
