Court Dismisses El-Rufai’s Suit To Block Freezing Of Bank Accounts, Assets
Justice Joyce Abdulmalik ruled that the former Kaduna governor’s case amounted to an abuse of court process, but the judgment does not automatically forfeit his properties.
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A Federal High Court in Abuja has dismissed a suit filed by former Kaduna State Governor Nasir El-Rufai seeking to prevent anti-corruption agencies from freezing his bank accounts or seizing his properties.
Justice Joyce Abdulmalik delivered the judgment on Thursday, October 8, 2026, ruling that the suit constituted an abuse of court process.
The judge agreed with the respondents that El-Rufai had filed overlapping cases before the Federal High Court and the High Court of the Federal Capital Territory over issues connected to the same investigation.
She also described the action as speculative and lacking in merit.
The court further held that the suit disclosed no reasonable cause of action against the Economic and Financial Crimes Commission (EFCC), Department of State Services (DSS) and Attorney-General of the Federation (AGF). It consequently struck out their names as respondents.
Why El-Rufai Went To Court
The suit, marked FHC/ABJ/CS/368/2026, was filed on February 24, 2026, by El-Rufai’s lawyer, Oluwole Iyamu, a Senior Advocate of Nigeria.
The former governor asked the court to restrain the Independent Corrupt Practices and Other Related Offences Commission (ICPC), EFCC, DSS and AGF from freezing his bank accounts or taking steps to seize or forfeit his assets.
El-Rufai argued that his severance benefits, received after serving as Kaduna governor between 2015 and 2023, were legitimate entitlements.
He asked the court to declare that the funds were lawfully received and that properties purchased with them belonged to him.
He also sought protection for accounts held with Zenith Bank, Guaranty Trust Bank and Access Bank, including naira and domiciliary accounts.
The former governor maintained that anticipated action against his assets without sufficient legal grounds could violate his constitutional rights, including his right to fair hearing and the presumption of innocence.
He sought ₦1 billion in damages over what he described as potential violations of his rights, psychological distress and reputational harm. He also requested ₦100 million in legal costs.
ICPC Cites Multiple Lawsuits
The ICPC challenged the case through a preliminary objection, arguing that the action was incompetent and an abuse of court process.
The commission said the search of El-Rufai’s residence, his arrest and the investigation into his assets formed part of one continuing investigation.
It argued that the former governor had divided related complaints into separate cases before different courts.
According to the commission, El-Rufai filed another action, FHC/ABJ/CS/345/2026, on February 20, challenging a search warrant and seeking enforcement of his fundamental rights.
The ICPC also cited a separate case, FCT/HC/CV/950/2026, filed at the FCT High Court on March 3, challenging his remand and seeking additional reliefs.
The commission argued that pursuing overlapping cases created the risk of conflicting decisions by courts of coordinate jurisdiction.
Justice Abdulmalik accepted the substance of the respondents’ objection and dismissed the suit.
DSS And Attorney-General Oppose Claims
The DSS also challenged the competence of the suit, arguing that El-Rufai had not established a reasonable cause of action against the service.
The Attorney-General of the Federation similarly opposed the action.
Represented by Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, the AGF’s office argued that El-Rufai’s concerns about possible interim forfeiture proceedings were speculative.
The government’s representative maintained that an interim forfeiture order, if granted by a competent court, would not amount to final forfeiture.
Such an order could preserve assets while investigators examined allegations, she argued.
The AGF’s office also maintained that law enforcement agencies could approach courts for appropriate forfeiture orders where the law permitted them to do so.
What The Judgment Means For El-Rufai’s Assets
The ruling removes the specific legal barrier El-Rufai sought to establish through this suit.
However, it does not amount to a final judicial finding that his bank accounts or properties are proceeds of crime.
Nor does the dismissal itself transfer ownership of his assets to the Federal Government.
Any actual freezing, seizure or forfeiture must still comply with the applicable legal procedures and court requirements.
The distinction is important because the case concerned whether El-Rufai could obtain a broad order preventing possible future action by the agencies, particularly when related proceedings were already before other courts.
The judgment therefore allows the investigation to proceed subject to the law, rather than automatically authorising the forfeiture of all assets identified by the former governor.
Other Legal Battles Remain Pending
The judgment is another development in El-Rufai’s legal disputes with law enforcement agencies.
He has brought other cases concerning the search of his Abuja residence, his detention and alleged violations of his fundamental rights.
One separate ₦1 billion suit against the ICPC, Inspector-General of Police and AGF was adjourned to October 27 for definite hearing, according to the report supplied.
El-Rufai has also filed a separate ₦10 billion suit against the ICPC over alleged denial of access to his wife and son during his detention.
Those cases concern different claims and remain distinct from the suit dismissed by Justice Abdulmalik.
The latest ruling does not automatically determine their outcomes.
The Legal Significance Of The Decision
The judgment reinforces the court’s position that litigants should not pursue substantially overlapping claims across different courts in ways that risk conflicting decisions.
For the agencies, it removes one challenge to their ability to pursue lawful investigative steps connected to the case.
For El-Rufai, it represents a setback in his attempt to obtain advance protection against potential asset-freezing or forfeiture proceedings.
The former governor’s wider legal challenge, however, continues through other pending cases.
The next significant developments will depend on the progress of those proceedings and any further applications the agencies may bring before competent courts.
