El-Rufai threatens fresh legal action against ICPC over ‘defamation, forged remand order’

Nasir el-Rufai, former governor of Kaduna, has accused the Independent Corrupt Practices and Other Related Offences Commission (ICPC) of defamation and forgery, threatening legal action against the anti-graft agency.

In a pre-action notice dated March 4, 2026, addressed to the ICPC chairman, lawyers representing el-Rufai alleged that the commission issued a defamatory press statement and relied on forged documents in connection with his arrest and detention.

The letter, signed by Ubong Akpan, a lawyer, said the former governor would commence legal proceedings against the commission and its chairman over multiple alleged violations, including contempt of court, malicious prosecution, defamation, abuse of office, forgery, uttering a false document, unlawful detention, and enforcement of fundamental rights.

In February, the former governor said “someone tapped” the phone of Nuhu Ribadu, national security adviser, allowing him to listen to a conversation in which the NSA “ordered” his arrest.

El-Rufai acknowledged the action was illegal but claimed the government routinely engages in similar practices without court orders.

On February 19, the ICPC, which is probing the former governor over alleged financial improprieties during his tenure as governor of Kaduna between 2015 and 2023, raided his home in Abuja.

In an affidavit, the ICPC would later tell the Federal Capital Territory (FCT) high court that it found phone-tapping equipment in the former governor’s home during the search.

“During the Search operations, the Commission retrieved electronic magnetic equipment capable of tapping conversations, and he was asked to give consent to enable the Commission access to the equipment, but he refused,” the document reads.

However, in the recent letter, el-Rufai, through his lawyers, accused the commission of making defamatory claims against him.

The lawyers accused the commission of attempting to portray el-Rufai’s constitutional right to silence as a form of non-cooperation with investigators.

“Your press statement ludicrously attempts to weaponise our client’s exercise of his constitutional rights, claiming he has ‘refused to cooperate with the Commission’s investigation’,” the lawyers wrote.

“The right to silence is not an act of non-cooperation. It is a fundamental human right. It is the hermetic seal that protects a citizen from the overbearing machinery of the state.”

The lawyers further alleged that the ICPC relied on forged and fabricated documents to justify its actions.

According to the notice, the alleged offences include “forgery of the remand order”, “uttering of false documents (presenting the forged order as valid)”, and “fabrication of evidence (the fictitious list of seized items)”.

The lawyers also accused ICPC officials of perjury and abuse of office.

“You accuse our client of non-cooperation when it is you who have failed to charge him,” the letter reads.

“You accuse him of possessing illegal equipment when it is you who has manufactured evidence. You wrap yourselves in the garb of law enforcement while committing the very offences you are meant to combat.

“This level of unprofessional conduct is the hallmark of an organisation that has been completely captured and weaponised.

“It is an organisation so bereft of any redeeming feature of credibility that it must now manufacture evidence to justify its existence.”

The lawyers demanded the immediate release of the former governor from custody.

“You are hereby demanded to release our client from your custody immediately. Not tomorrow. Not next week. Today,” they wrote.

“Every hour he remains in your custody is a separate and distinct tort of false imprisonment for which you will be held personally liable.”

The lawyers also asked the commission to withdraw its March 2 press statement and publish a retraction in national newspapers.

“You are hereby demanded to immediately withdraw the defamatory press statement of 2nd March, 2026, and to publish a retraction in three national newspapers, apologising to our client for the damage caused to his reputation,” they said.

The letter added that el-Rufai would seek N15.6 billion in damages from the commission and its officials.

The claims include N5 billion in compensatory damages, N5 billion in punitive damages, N5 billion in aggravated damages, N500 million for injurious falsehood, and N100 million as cost of action.

The lawyers also warned the commission against tampering with any evidence related to the matter.

“You are hereby on notice to preserve all evidence, including all seized items, all internal communications, all affidavits, and all records relating to the search and detention of our client,” the lawyers added.

“Any tampering with or destruction of evidence will result in separate criminal proceedings for conspiracy to pervert the course of justice.”