Former Kaduna Governor Nasir El-Rufai Explains Silence in ICPC Probe, Cites Political Motivation and Constitutional Right

 


Abuja, March 4, 2026 – Former Kaduna State Governor Nasir Ahmad El-Rufai has broken his silence on his refusal to answer questions from the Independent Corrupt Practices and Other Related Offences Commission (ICPC), describing his decision as a deliberate exercise of his constitutional right rather than defiance. In two handwritten statements submitted to ICPC investigators on February 19 and 20, 2026, while under caution and in the presence of his lawyer, Ubong E. Akpan, El-Rufai insisted that the ongoing probe is politically motivated and linked to his prominent role in the African Democratic Congress (ADC), which he described as "the only surviving opposition party in Nigeria."

The statements, made during his detention at ICPC custody following a 14-day remand order from a Chief Magistrate Court in Bwari, Abuja, detail his background, career, and rationale for invoking silence. El-Rufai emphasized that after nearly two years of intensive investigation, the anti-graft agency should present its case in court rather than continue interrogating him. He vowed to address any allegations only before a judicial tribunal, where he believes the claims can be impartially adjudicated.

In his first statement dated February 19, 2026, El-Rufai wrote:

“I have read the above cautionary statement and I understand its meaning and implication. I wish to voluntarily state, in the presence of my lawyer, Ubong Akpan, Esq., from the chambers of Ubong Akpan. My name is Nasir Ahmad El-Rufai. I was born in Dandawa, Katsina State, in 1960, and grew up mostly in Kaduna State.

“I attended school in Kaduna, and went to Ahmadu Bello University for my first degree in Quantity Surveying. I also attended Harvard University and the University of London, among others. I studied Business Administration, Public Administration and Law.

“My working career spans quantity surveying consulting, mobile telecommunications and public service. I was Director General of the Bureau of Public Enterprises (1999–2003), Minister of the Federal Capital Territory (2003–2007) and twice-elected Governor of Kaduna State (2015–2023). I am retired and live mostly in Egypt with half of my family and 96-year-old mother.

“I am a leading member of the African Democratic Congress (ADC), the only surviving opposition party in Nigeria, which is the real reason you are investigating me.

“In response to your question (and indeed all your questions), I have, on the advice of counsel, decided to exercise my right to silence. I will make no further statement or respond to any question. I believe that after nearly two years of intensive investigation, the ICPC should present its findings to a judicial tribunal and not to me. I will respond to any allegations in a court of law only.

“This is because I do not believe these investigations amount to lawful entitlement, as in political persecution, which only a judge can decide upon. Thank you.”

The following day, February 20, 2026, after investigators presented additional documents and questions, El-Rufai reiterated his position in a second handwritten statement:

“In furtherance to my statement dated 19 February, 2026 and in the presence of my lawyer Ubong E. Akpan, I wish to state further that upon presentation of further documents and questions, I reserve my constitutional right to silence to all the documents and further questions. As clearly stated in my statement dated 19 February 2026, I will respond to these documents and questions only when presented in a Court of Law.”

The former governor's detention stems from allegations of financial misconduct, abuse of office, money laundering, and related offences during his eight-year tenure as Kaduna State governor from 2015 to 2023. The ICPC initiated the probe based on petitions, forensic reviews of state audit reports, whistleblower submissions, and intelligence findings. Specific issues reportedly include the whereabouts of €1.4 million, suspicious payments totaling over N2 billion from Kaduna's Internally Generated Revenue account, and other transfers to undisclosed accounts.

On February 19, 2026, the ICPC obtained a 14-day remand order from Magistrate Okechukwu Akweke of the Bwari Chief Magistrate Court, allowing detention for investigative purposes. The order is set to expire on Thursday, March 5, 2026. ICPC officials have indicated in court filings that they intend to file formal charges before the deadline, failing which El-Rufai may be released. The commission has also detailed items recovered during a search of his Abuja residence, including documents, laptops, phones, hard drives, and equipment allegedly capable of intercepting communications, though El-Rufai's family has vehemently denied these claims, accusing the agency of a smear campaign and challenging the search warrant's legality.

El-Rufai's family, through his son Mohammed Bello El-Rufai (a member of the House of Representatives), has rejected assertions that the former governor refused to cooperate, framing his silence as a protected right. They described the probe as part of a coordinated effort involving multiple agencies, including the EFCC and DSS, and alleged political victimization targeting opposition figures.

The ADC has similarly condemned the detention, with party officials labeling El-Rufai a "political prisoner" and accusing the federal government of selective persecution against critics. El-Rufai himself has filed a fundamental rights enforcement suit seeking N1 billion in damages, challenging his arrest, detention, and the home search as unlawful.

As the remand period nears its end, the coming 48 hours will be critical. If no charges are filed by March 5, El-Rufai's release appears likely under the terms of the order. The case has drawn significant attention amid Nigeria's ongoing anti-corruption efforts and debates over the independence of graft agencies in politically charged investigations.

El-Rufai's stance underscores a common legal strategy in high-profile probes—invoking the right to silence under Section 35 of the 1999 Constitution (as amended) and Section 36 on fair hearing—to compel formal prosecution rather than prolonged questioning. Whether the ICPC proceeds to court or the matter resolves without charges will shape the next phase of this high-stakes saga.

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