Court fixes date to rule on El-Rufai’s bail as ICPC files amended corruption charges

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The nine amended charges at the Kaduna State High Court were brought under the Advance Fee Fraud and the Other Fraud Related Offences Act, 2006.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has filed amended nine corruption charges against former Kaduna State Governor, Nasir El-Rufai.

At the resumed proceedings on Monday, the Kaduna State High Court adjourned the case until Tuesday, 14 April, for a ruling on Mr El-Rufai’s bail application after the prosecution revised the charges and dropped one of the co-defendants.

Coincidentally, the Federal High Court in Kaduna, where the ICPC is also prosecuting Mr El-Rufai on a different set of 10 corruption charges, ready fixed the same 14 April for ruling on the former governor’s bail application.

The federal judge, Rilwan Aikawa, set the ruling date after hearing the prosecution and the defence on 1 April.

The charges at the Federal High Court accusing him of taking inflated severance pays after completing his first and second terms as governor in 2019 and 2023 and taking suspicious $817,900 funds, were brought under the money laundering law.

The nine amended charges at the Kaduna State High Court were brought under the Advance Fee Fraud and the Other Fraud Related Offences Act, 2006.

Punch Newspaper reported that Mr El-Rufai was arraigned before the Kaduna State High Court in Kaduna on amended nine charges of corruption on Monday. The former governor pleaded not guilty to the charges.

He entered his plea after prosecution struck out the name of a co-defendant, Ahmadu Sule, leaving the former governor as the sole defendant in the case.

Speaking to journalists after the proceedings, defence lawyer, Ubong Abang, said the hearing centred largely on the amended charges, which his team would need time to review before the trial could proceed.

“The charges are entirely new to us. They were served on us this morning while we were already in court. That is why the matter could not proceed to a hearing,” Mr Abang said.

He confirmed that the court heard the bail application and adjourned for ruling.

“We will analyse the charges and make our position known. For now, there is nothing we can do until we have fully reviewed them,” he added.

The trial judge, Darius Khobo, subsequently adjourned the matter to Tuesday for a ruling on the bail application.

Mr El-Rufai faces nine counts following the removal of the co-defendant.

In the first count, the ICPC alleged that in December 2016, while serving as governor, Mr El-Rufai used false pretences to induce the Kaduna State Government to pay N11 billion to Indokaduna MRTS JV Nigeria Limited, described by the commission as an unregistered entity, for a light rail project that was never executed.

The commission said the alleged act contravenes the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

The second count accuses him of using his office to confer a corrupt advantage on himself.

In the third count, the ICPC alleged that in January 2023, Mr El-Rufai received N289.8 million as severance allowance, far above the legally approved sum of about N20 million. It said he knew, or ought to have known, that the excess payment formed part of the proceeds of unlawful activity, contrary to the Money Laundering (Prevention and Prohibition) Act, 2022.

The fourth count alleges that between September 2017 and March 2023, he took control of $320,800 paid in tranches into his Guaranty Trust Bank domiciliary account by one Joel Adoga, funds the commission said were proceeds of corruption.

In the fifth count, the ICPC alleged that in May 2022, Mr El-Rufai received $155,800 into the same account from Peter Akagu Jones, said to be at large, and that the funds were proceeds of unlawful activity.

The sixth count accuses him of receiving $305,300 in May 2022 from Ajayi Ayodele under similar circumstances.

In the seventh and eighth counts, the ICPC alleged that he received $5,000 each in April and June 2016 from different individuals, which it said were proceeds of unlawful activity.

The commission also accused the former governor of receiving other sums in foreign currency and concealing their origin, following the amendment of the charge.

Mr El-Rufai was earlier arraigned by the ICPC on 10 counts of fraud, conversion of public property and money laundering alongside other defendants. He pleaded not guilty.

The amended charge follows a series of court appearances in both state and federal courts.

The ICPC had in March released him on compassionate grounds after the death of his mother, before re-arraigning him as proceedings continued.

He has also faced separate proceedings at the Federal High Court and remains under investigation by the Economic and Financial Crimes Commission (EFCC) over related allegations.

Mr El-Rufai has denied any wrongdoing, describing the actions against him as politically motivated.