Charge Or Release El-Rufai – Lawyers, ADC Tell ICPC

Legal practitioners and the African Democratic Congress (ADC) have faulted the continued detention of former Kaduna State Governor, Nasir El-Rufai, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

The former governor has been in ICPC custody since the Economic and Financial Crimes Commission (EFCC) granted him bail on February 18, 2026.

ICPC reportedly obtained a 14-day remand order from a Magistrate Court in Bwari, Abuja, on February 19, 2026, which expired on March 5, 2026.

Following the expiration of the remand order, El-Rufai’s lawyers, family and supporters have criticised his continued detention, describing it as unlawful.

They argued that since the legal basis for holding him had expired and no fresh order had been obtained, the anti-graft agency should either release him or charge him in court.

Bello El-Rufai, the former governor’s son, said in a statement on Friday that “the 14-day period has now ended. The ICPC has not charged him with any offence in a competent court. Neither have they secured a fresh or extended lawful order to continue detaining him.

“The path forward is clear and logical: release him immediately.”

El-Rufai’s lead counsel, Mr Ubong Akpan, had also petitioned the chairman of the ICPC, demanding N15.6 billion in damages over what he described as the former governor’s illegal detention and violation of his fundamental rights.

The former governor had told the ICPC that the investigation against him was “politically motivated.”

El-Rufai also challenged the legality of the search conducted at his residence in Abuja on February 19.

Efforts to obtain an official reaction from the ICPC spokesman, John Odey, were unsuccessful as several calls to his mobile phone went unanswered.

He had also not responded to text and WhatsApp messages sent to him as of the time of filing this report last night. 

Detention without legal backing unlawful – Lawyers

Lawyers, in separate interviews with Daily Trust, stated that the continued detention of El-Rufai by the ICPC without any legal basis raises questions about the agency’s respect for the rule of law.

Barrister Abba Hikima said while investigations into alleged crimes should be encouraged, suspects should not be detained for prolonged periods without being charged in court.

“It is unfortunate that in a constitutional democracy like Nigeria, a suspect can be held for this number of days without being charged,” he said.

Hikima stressed that investigations should precede arrests.

“The law is clear that you don’t arrest someone and then start investigating. Investigation should come first before arrest and detention,” he said.

Barrister Yusuf Ali Faragai said the constitution requires that anyone accused of committing an offence should be brought before a court within a short period, except where a valid detention order has been obtained.

The Chairperson of the Women Forum of the Nigerian Bar Association, Barrister Huwaila Muhammad Ibrahim, said investigating agencies are expected to present suspects before a court within 24 hours, except where the court grants an extension.

She said since the court had already given the ICPC two weeks to either charge or release the former governor, the commission should return to the court if it requires more time to conclude investigations.

“It is for the investigating authority to go back to the court and explain why the time given is not sufficient for them to conclude the investigation,” she said.

Salman Jawondo (SAN) said law enforcement agencies must strictly comply with constitutional provisions in detaining suspects during investigations.

He maintained that prolonged detention without court proceedings raises legal concerns.

“Generally speaking, they ought to have taken him to court because he has been detained for more than two weeks now. If they have reasons why he should not be granted bail, the court will consider them.

“Detention should not be punitive. We must create a level playing field when investigating crimes. Nobody should be too small or too big,” he said.

Adebayo Adelodun (SAN) said it would be premature to comment on the legality of the detention without knowing the exact details of the court order obtained by the commission.

“Every court order carries certain implications, and I doubt that the ICPC would act without considering the order it obtained. I prefer to see the order under which he is being detained before forming an opinion,” Adelodun said.

Similarly, Taiye Oniyide (SAN) said the legality of the continued detention of El-Rufai would depend largely on the specific circumstances and any additional orders granted by the court.

“It is difficult to give a definite answer without the full facts. It is possible they have sought an extension of time, which the court may grant. But if the detention continues after the authorised period has lapsed, it will amount to a violation of the court order,” he said.

He also noted that court orders may contain conditions that must be carefully examined before drawing conclusions.

According to him, the law does not strictly limit the number of times investigators may apply for detention if sufficient grounds are presented before the court.

Barrister Chibueze Maduka said, “In El Rufai’s case, the remand order obtained by ICPC on 19th February 2026 has elapsed on 6th March 2026. From 6th March 2026, it is expected that El Rufai should be formally charged, released, or ICPC apply for an extension of the order. If they fail to do any of the three above, the continuous detention of El Rufai from 6th March 2026 is unlawful.”

ADC, supporters speak

ADC has demanded the immediate release of El-Rufai.

The party’s National Publicity Secretary, Bolaji Abdullahi, said fighting corruption through corrupt means amounts to another form of corruption.

The ADC spokesman insisted that the Constitution of the Federal Republic of Nigeria does not allow any citizen to be held “interminably” and therefore urged the ICPC to release the party chieftain.

In a terse statement sent to Daily Trust, Abdullahi said: “The continued detention of Mallam El-Rufai is a brazen affront to the rule of law. Our Constitution does not allow any citizen to be held indefinitely. But this APC government doesn’t care about the rule of law or decency. To them, might is right.

“Fighting corruption through corrupt and corrupted means is the worst form of corruption. ICPC should release El-Rufai now.”

Also, Darius Kurah, ADC’s Publicity Secretary in Kaduna, condemned the continued detention of the former governor by the anti-graft agency.

“As Nigerian citizens, not even as politicians, the continued detention of El-Rufai despite the expiration of the court order on Friday is an abuse of his human rights,” he said.

“We expect the ICPC to abide by the law by releasing him since the court order that gave them the right to detain him had expired,” he said.

An ADC member and former commissioner under El-Rufai’s administration, Hafsat Baba, also called on authorities to respect the Constitution and the rule of law in handling his detention.

According to her, the Constitution must remain the guiding principle for all government institutions.

“After all, they obtained a court order allowing him to be detained for two weeks. Therefore, we expect that at the expiration of those two weeks, he should be released,” she said.

Former Deputy Speaker of the Kaduna State House of Assembly, Muktar Isa Hazo, said many supporters are worried because El-Rufai has been detained for more than 18 days without being taken to court.

“They should quickly take him to court or release him if they cannot prove any crime,” he said.

Barrister Muhammad I. Zaria, an ADC member in Kaduna, also insisted that El-Rufai should be released unless proper legal procedures are followed.

“If they want to continue keeping him in custody, they should file an application on notice so he can defend himself. If there is no reason to keep him, then they should obey the court order and release him,” he said.

Zaria warned that ignoring legal procedures could have serious consequences for the country.

Peterside decries ex-Kaduna gov’s detention

Atedo Peterside, founder of Stanbic IBTC Bank Plc, condemned the continued detention of El-Rufai without charging him in court.

The banker accused ICPC, the Department of State Services, and the Economic and Financial Crimes Commission of acting in concert to violate the Nigerian Constitution.

Peterside, in a post on X Sunday, said “Some of us have watched in disbelief as Government Agencies that we respected, such as the ICPC, DSS, and EFCC, appear to have conspired to incarcerate El-Rufai without charging him to Court, thereby violating the spirit and letter of the Nigerian Constitution,” he wrote. (Daily trust)