THE family of former Kaduna State governor Nasir El-Rufai has denied allegation by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) that several electronic devices and documents were recovered during a search on the former governor’s residence.

The commission claimed that some of the documents relate to security matters and that others were capable of intercepting communications.

It noted that El-Rufai declined to consent to forensic examination of some of the seized devices.

“During the said search which was witnessed by the applicant’s wife, Hadiza Isma El-Rufai, and his son, Hon. Mohammed Bello El-Rufai, the commission retrieved sensitive security documents capable of compromising nation’s security.

“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,” part of the document read.

Responding to the ICPC’s allegations, El-Rufai’s son, a serving member of Nigeria’s House of Representatives, Mohammed El-Rufai, in a statement issued on Monday, accused the commission of attempting to weaponise his father’s constitutional right to remain silent by portraying it as a refusal to cooperate.

“That the ICPC believes silence implies guilt is a confession of their own inquisitorial mindset and their disregard for the very laws they are sworn to uphold,” he wrote.

He also dismissed claims about phone-tapping equipment and the list of items allegedly recovered from his father’s residence, describing them as fictitious.

He said ICPC only seized “old discarded personal mobile phones, some dating back as much as 20 years, storage devices like flash drives and laptops, which are standard possessions of any 21st century citizen”.

He added that the alleged sophisticated tapping equipment and sensitive security documents “exist only in the fevered imagination of the ICPC and its press team”.

The ICPC allegations followed El-Rufai’s suit at the court alleging that his arrest and detention violated his fundamental rights. He asked the court to declare his detention unlawful and to award him N1 billion in damages.

In an affidavit filed in support of his suit, El-Rufai confirmed his identity and career history but declined to answer questions about the allegations, citing his constitutional right to remain silent. He described his probe by the ICPC, and allegations made against him as politically motivated. He vowed to respond to the allegations in court.

Responding, the commission told the court that the action was necessary to conclude an ongoing corruption investigation linked to the former governor’s tenure in office.

In court filings, the anti-graft agency said El-Rufai was being lawfully held following allegations of financial misconduct involving loans, procurement processes, government account transfers, and payments to companies and individuals between 2015 and 2023, which were levelled against him. 

According to PREMIUM TIMES, the petition, attached to the court filings dated 26 February raised allegations relating to loans obtained by the Kaduna State Government, procurement processes, transfers from government accounts and payments to companies and individuals.

“Contrary to depositions of the applicant in his supporting affidavit, he is lawfully held in the custody of the commission, and the commission has not breached any of the fundamental rights of the applicant as claimed.

“That the 4th respondent’s (ICPC’s) mandate is to investigate cases of corruption and abuse of office and other related offences, and where there is prima facie evidence, prosecute any alleged offender,” the counter-affidavit read.

ICPC said it began preliminary investigations and obtained documents from banks and government institutions before issuing an invitation letter dated 9 February.

According to the commission, the letter could not be served earlier because El-Rufai was outside Nigeria. It explained that he was eventually served on 12 February after returning to the country.

The commission stated that El-Rufai, through his lawyers, asked to appear on 18 February. However, before that date, he responded to a separate invitation from the Economic and Financial Crimes Commission (EFCC), which detained him and later granted him administrative bail.

The ICPC said he failed to meet the bail conditions and remained in EFCC custody. On 18 February, he was arrested by the ICPC after being released by the EFCC.

On 19 February, the commission said it obtained a remand order from a Chief Magistrate Court in Bwari, Abuja, allowing it to detain El-Rufai for 14 days while investigating allegations of money laundering and abuse of office levelled against him.

The order, issued by Magistrate Okechukwu Akweke, directed that he be held in ICPC custody for 14 days, with a return date set in March for a progress report.

The ICPC told the High Court that the remand order would expire on 5 March and that it planned to file charges before that date.

The commission also said it executed a search warrant at El-Rufai’s residence at 12 Mambilla Street, Asokoro, Abuja, on 19 February. The search, it said, was witnessed by his wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.

According to the ICPC, several electronic devices and documents were recovered during the search. It claimed that some of the documents relate to security matters and that certain equipment capable of intercepting communications was discovered.

The commission further stated that El-Rufai declined to grant consent for forensic examination of some of the seized devices.

The commission also informed the court that a potential witness wrote to it requesting protection, alleging threats after public comments made during a television interview.

“The applicant herein is also threatening likely prosecution witnesses and one of such witnesses has written to the commission for protection. A copy of the said letter is hereby attached and marked as Exhibit ICPC 6,” the document read.

In its court filing, the ICPC maintained that inviting and detaining a suspect on the basis of reasonable suspicion would not constitute a violation of fundamental rights.

The commission cited relevant constitutional provisions and the ICPC Act to argue that it was legally empowered to investigate corruption allegations and, where necessary, detain suspects in accordance with the law.

It therefore urged the court to dismiss El-Rufai’s suit and permit the commission to complete its investigation.