A Federal High Court in Abuja has dismissed a suit filed by former Kaduna State Governor Nasir El-Rufai seeking to stop anti-graft agencies from freezing his bank accounts and seizing his properties.
Justice Joyce Abdulmalik dismissed the suit on Thursday, ruling that it amounted to an abuse of court process because El-Rufai had filed a similar case at the Federal Capital Territory High Court.
The former governor had filed the suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), the Department of State Services (DSS) and the Attorney-General of the Federation.
El-Rufai sought an order restraining the agencies from freezing, attaching, seizing or forfeiting his assets and bank accounts.
He argued that his severance benefits from serving as Kaduna State governor between 2015 and 2023 were lawfully earned and could not reasonably be suspected to be proceeds of unlawful activity.
He also asked the court to declare that properties purchased with the benefits were legally acquired.
In addition, El-Rufai sought ₦1bn in damages over alleged threats to his fundamental rights, psychological distress and reputational harm. He also requested ₦100m in legal costs.
However, the ICPC urged the court to dismiss the suit, arguing that it was incompetent and an abuse of court process.
The commission said El-Rufai had filed three overlapping suits within 12 days over issues linked to an ongoing criminal investigation, including the search of his residence, his arrest and anticipated asset-tracing and freezing proceedings.
It argued that filing multiple cases seeking similar reliefs could lead to conflicting court decisions.
The DSS and the Attorney-General of the Federation also urged the court to dismiss the suit, describing El-Rufai’s claims as speculative and arguing that law enforcement agencies were legally empowered to seek forfeiture orders during investigations.
In her ruling, Justice Abdulmalik agreed that the suit constituted an abuse of court process, holding that the judiciary could not be used to prevent law enforcement agencies from carrying out their statutory duties.
