ICPC Faces Fresh Criticism Over El-Rufai’s Release despite court order

Several lawyers in Nigeria have criticised the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for releasing former Kaduna State Governor, Nasir El-Rufai, despite a court order directing that he remain in custody.

The incident happened on Friday after the Federal High Court in Kaduna had earlier ordered his remand pending the hearing of his bail application scheduled for March 31.

El-Rufai, who is facing multiple corruption charges alongside another defendant, had been in ICPC custody following his arraignment earlier in the week. The court ordered that he remain detained after he pleaded not guilty to the charges. However, the anti-graft agency later released him to allow him attend the burial of his mother, who died the same day.

The decision drew reactions from legal practitioners who questioned the authority of the ICPC to act against a standing court order. Many of them argued that once a court has taken control of a case and ordered detention, only the court has the power to grant bail or approve any form of release.

They maintained that any request for temporary release should have been formally presented before the court for approval.

Some lawyers warned that such actions could affect trust in the justice system and raise concerns about how legal procedures are followed. Others said that even if the reason for the release was based on compassion, it should still have followed due legal process.

A few, however, noted that law enforcement agencies may sometimes act with limited discretion, especially when a bail application has not yet been decided, but added that such steps must still align with the law.

The case against El-Rufai involves allegations that he collected funds beyond what he was entitled to as severance benefits during his time as governor, as well as claims of receiving money believed to be linked to unlawful activities through a bank account over several years. He has denied all the charges and described the case against him as politically driven.

The ICPC has defended its actions in related matters, stating that its decisions were based on legal grounds, but the controversy surrounding the release has continued to generate debate among legal experts and the public.