El-Rufai’s Trial: There’s no rights violation against co-defendant — Court

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has secured a favourable judgment in the fundamental rights enforcement suit filed by Joel Adoga, who is standing trial alongside former Kaduna State Governor, Mallam Nasir Ahmad El-Rufai, before the Federal High Court, Kaduna.

Adoga had approached the Federal Capital Territory High Court, Jabi in Suit No. CV/1012/2026, alleging that the Commission infringed on his fundamental rights by denying him access to his family and legal representatives, and by allegedly compelling him to make statements during investigation.

The applicant sought various reliefs, including declarations of breach of his rights, an order of habeas corpus, damages, and injunctive orders restraining the ICPC from further investigation, detention, or prosecution in relation to the subject matter.

In its joint counter-affidavit, the ICPC categorically denied all allegations of unlawful arrest, detention, denial of access, coercion, intimidation, or inhuman treatment, maintaining that Adoga was lawfully invited and investigated based on a petition and reasonable suspicion of his involvement in corrupt practices and suspicious financial transactions involving the alleged diversion of Kaduna State Government funds.

The Commission further stated that Adoga was granted administrative bail during the investigation and that his subsequent detention was pursuant to a valid remand order issued by a competent court.

It also explained that following the conclusion of investigations, he was formally charged before the Federal High Court in Kaduna.

Adoga’s continued detention, where applicable, was not due to any act of the ICPC but as a result of his failure to fulfil the bail conditions imposed by the trial court, the anti-graft agency said.

The ICPC informed the court that Adoga was at no time denied access to his family members or legal representatives. 

The Commission also stated that all statements made by him during the investigation were voluntary, taken under caution, and in the presence of his chosen legal counsel.

Adoga is facing a 10-count criminal charge alongside El-Rufai before the Federal High Court, Kaduna. 

The charges include allegations that between 2016 and 2023, the former governor allegedly took control of various sums in United States Dollars through his domiciliary account, including $320,800 allegedly paid in tranches by Adoga, as well as other deposits amounting to $155,800, $305,300, and several smaller sums from different individuals, all reasonably suspected to be proceeds of unlawful activities.

Adoga is also accused of conspiring with El-Rufai in July 2019 to disguise the origin of $10,000 deposited into the said account.

Delivering judgment in the fundamental rights suit, Justice M. S. Idris found no merit in the allegations made by Adoga against the ICPC and held that there was no infringement of the applicant’s fundamental rights.

The court accordingly dismissed the suit in its entirety and affirmed that the actions of the Commission were carried out within the bounds of the law.

The ICPC reiterates its commitment to the rule of law, due process, and the protection of the constitutional rights of all persons, while diligently carrying out its statutory mandate of investigating and prosecuting corruption and related offences in Nigeria.