A Federal High Court sitting in Abuja has dismissed a suit filed by former Kaduna State governor, Nasir El-Rufai, seeking to restrain the Department of State Services (DSS), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and others from freezing his bank accounts and seizing his assets. The court held that the suit was speculative in nature and lacked merit.
The suit, filed on February 24, 2026, by Oluwole Iyamu, a Senior Advocate of Nigeria, sought an order of interim injunction directing the respondents to maintain the status quo ante. El-Rufai argued that the order was necessary to prevent a fait accompli, citing previous cases. He prayed for a declaration that his severance pay, received upon completing his tenure as governor, could not be suspected to be proceeds of any unlawful activity.
The ICPC, in its preliminary objection, prayed the court to dismiss the suit, citing that El-Rufai's arrest, the search of his residence, and the anticipated asset tracing and freezing stemmed from a singular, continuous, and ongoing criminal investigation by the commission. The ICPC argued that El-Rufai engaged in forum shopping and fragmentation of his claims by instituting three parallel suits across two different court hierarchies within 12 days.
The DSS, in its preliminary objection, urged the court to strike out the suit for being incompetent and strike out its name from the suit for failure to disclose any reasonable cause of action against the service. The AGF, in its counter affidavit, argued that the 4th respondent is only a necessary party in suits that directly involve the Federal Government of Nigeria and that El-Rufai's affidavit was speculative.
The court, after hearing arguments from all parties, dismissed the suit for being an abuse of court process, as El-Rufai had filed a similar suit in the FCT High Court. Justice Joyce Abdulmalik agreed with the ICPC, EFCC, DSS, and AGF that a court of law cannot be used by any citizen to prevent law enforcement agencies from performing their statutory duties.
El-Rufai had sought an order of perpetual injunction restraining the respondents from taking any step to freeze, attach, seize, forfeit, or otherwise interfere with his property and bank accounts. He also sought N1 billion in damages for the anticipated violation of his fundamental rights, psychological trauma, distress, anxiety, and reputational harm.
The court's decision marks a significant development in the case, with the judge affirming that El-Rufai's suit was an attempt to prevent law enforcement agencies from carrying out their duties. The ICPC, EFCC, and DSS are empowered to investigate and make applications for forfeiture to a court of competent jurisdiction.
Key points
- The Federal High Court in Abuja dismissed El-Rufai's suit against the DSS, EFCC, and ICPC.
- The court held that the suit was speculative and an abuse of court process.
- El-Rufai had filed similar suits in the FCT High Court and FHC, prompting the court to dismiss the case.
