The former governor of Kaduna State, Nasir El-Rufai, has accused the Independent Corrupt Practices and Other Related Offences Commission (ICPC) of defamation and document forgery, warning that he will initiate legal proceedings against the anti-graft agency.
In a pre-action notice dated March 4, 2026, addressed to the ICPC chairman, lawyers representing the former governor alleged that the commission released a defamatory press statement and relied on forged documents in relation to his arrest and detention.
The letter, signed by lawyer Ubong Akpan, stated that El-Rufai intends to file a lawsuit against the commission and its chairman over several alleged violations, including contempt of court, malicious prosecution, defamation, abuse of office, forgery, uttering of false documents, unlawful detention and the enforcement of his fundamental rights.
Background
In February, the former governor claimed that “someone tapped” the phone of Nuhu Ribadu, Nigeria’s national security adviser, which allowed him to listen to a conversation in which the NSA allegedly “ordered” his arrest.
El-Rufai admitted that the act was illegal but argued that such surveillance is frequently carried out by the government without court authorisation.
On February 19, the ICPC, which is investigating the former governor over alleged financial misconduct during his tenure from 2015 to 2023, carried out a search at his residence in Abuja.
In an affidavit submitted to the Federal Capital Territory high court, the commission said phone-tapping equipment was discovered during the operation.
“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,” the affidavit stated.
‘Defamation, fabrication of evidence’
However, in the latest letter, El-Rufai’s legal team accused the ICPC of spreading defamatory claims and misrepresenting his actions.
“Your press statement ludicrously attempts to weaponise our client’s exercise of his constitutional rights, claiming he has ‘refused to cooperate with the Commission’s investigation’,” the lawyers wrote.
“The right to silence is not an act of non-cooperation. It is a fundamental human right. It is the hermetic seal that protects a citizen from the overbearing machinery of the state.”
The lawyers further alleged that the commission relied on fabricated documents to justify its actions.
According to the notice, the alleged offences include “forgery of the remand order”, “uttering of false documents (presenting the forged order as valid)”, and “fabrication of evidence (the fictitious list of seized items)”.
They also accused ICPC officials of perjury and abuse of office.
“You accuse our client of non-cooperation when it is you who have failed to charge him,” the letter stated.
“You accuse him of possessing illegal equipment when it is you who has manufactured evidence. You wrap yourselves in the garb of law enforcement while committing the very offences you are meant to combat.
“This level of unprofessional conduct is the hallmark of an organisation that has been completely captured and weaponised.
“It is an organisation so bereft of any redeeming feature of credibility that it must now manufacture evidence to justify its existence.”
Demand for release and damages
The legal team demanded the immediate release of the former governor from custody.
“You are hereby demanded to release our client from your custody immediately. Not tomorrow. Not next week. Today,” they wrote.
“Every hour he remains in your custody is a separate and distinct tort of false imprisonment for which you will be held personally liable.”
They also asked the commission to withdraw its March 2 press statement and publish a retraction in national newspapers.
“You are hereby demanded to immediately withdraw the defamatory press statement of 2nd March, 2026, and to publish a retraction in three national newspapers, apologising to our client for the damage caused to his reputation.”
The lawyers added that El-Rufai plans to seek N15.6 billion in damages from the commission and its officials.
The claims include N5 billion in compensatory damages, N5 billion in punitive damages, N5 billion in aggravated damages, N500 million for injurious falsehood and N100 million as legal costs.
They further warned the commission against tampering with evidence related to the case.
“You are hereby on notice to preserve all evidence, including all seized items, all internal communications, all affidavits, and all records relating to the search and detention of our client,” the letter stated.
“Any tampering with or destruction of evidence will result in separate criminal proceedings for conspiracy to pervert the course of justice.”