Special Reports

Why El-Rufai’s corruption case was amended – ICPC

The amendment by the ICPC saw the removal of the name of Mr El-Rufai’s co-defendant, Amadu Suleiman, from the charges.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC), on Monday, amended the corruption charges filed against former Kaduna State Governor, Nasir El-Rufai, at the Kaduna State High Court in Kaduna.

The ICPC, in a statement on Monday, said its lawyer, Osuobeni Akponimisingha, told the court that the initial joint charge was amended due to the continued absence of the second defendant Mr Sule who was reportedly unavailable on medical grounds.

Following the application, the court granted leave for the amendment, allowing the prosecution to proceed solely against Mr El-Rufai.

Mr El-Rufai was then re-arraigned on nine amended counts under multiple laws, including the Corrupt Practices and Other Related Offences Act, 2000, the Advance Fee Fraud Act, 2006, the Kaduna State Penal Code, and the Kaduna State Public Procurement Law.

He pleaded not guilty to all charges.

The prosecution urged the court to fix a date for trial and ensure his attendance throughout the proceedings.

The defence, however, asked for bail on liberal terms, citing a pending application.

After hearing both sides, the court adjourned ruling on the bail application until Tuesday, 14 April, and ordered that Mr El-Rufai remain in ICPC custody pending the decision.

PREMIUM TIMES earlier reported that Mr Sule’s name was struck out when ICPC filed an amended nine counts against the former governor at the Kaduna State High Court on Monday.

Mr El-Rufai faces nine counts, which he pleaded not guilty to.

The charges against Mr El-Rufai were brought under the Advance Fee Fraud Act and the Corrupt Practices and Other Related Offences Act, 2006.

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 for a few days on compassionate grounds after the death of his mother.

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.

In a related development, the Federal High Court in Kaduna, where ICPC is prosecuting Mr El-Rufai on 10 corruption charges, also fixed 14 April for ruling on his bail application.

The trial judge Rilwan Aikawa set the date after hearing arguments from both the prosecution and defence on 14 April.

The federal charges relate to alleged inflation of severance payments after Mr El-Rufai’s tenure as governor ended in 2019 and 2023, as well as alleged receipt of $817,900 in suspicious funds.

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