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48 hours gone: El-Rufai’s detention sparks due process questions

... aides decry the lack of a due and constitutional process of detention

Olaniba Daniel by Olaniba Daniel
February 24, 2026
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Nasir El-Rufai

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Eight days after presenting himself to investigators, former Kaduna State governor Nasir El-Rufai remains in custody, with his aides alleging that constitutional safeguards are being ignored.

The controversy centres on his continued detention by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which took custody of him on February 18 following initial questioning by the Economic and Financial Crimes Commission (EFCC).

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His media adviser, Muyiwa Adekeye, disclosed to ENigeria Newspaper on Monday that a formal bail application submitted to the ICPC on February 19 has yet to receive any response.

According to the aide, no remand order has been presented to justify holding him beyond the constitutionally permitted 48 hours without charge. The silence, he said, has heightened anxiety among family members and legal representatives.

Recall that ENigeria Newspaper reported that El-Rufai had voluntarily honoured an EFCC invitation on February 16, 2026. After two days of interrogation, he was granted administrative bail on conditions that reportedly required a serving federal permanent secretary as surety. His lawyers sought a review of those terms, but before any resolution, he was transferred to the ICPC late on February 18 and has remained there since.

Adding to the legal storm, ICPC officials searched his residence on Aso Drive on February 19. His counsel, Ubong Akpan, described the operation as unlawful, arguing that the warrant was defective. El-Rufai has now approached the Federal High Court, seeking to nullify the search warrant on grounds of lack of probable cause, excessive breadth, and drafting irregularities. He is also requesting an order preventing authorities from relying on items seized during the search in any future proceedings.

The lawsuit lists the ICPC, the Chief Magistrate of the Federal Capital Territory, the Inspector-General of Police, and the Attorney-General of the Federation as respondents.

Meanwhile, two court appearances loom. A fundamental rights enforcement suit against the Federal Government, the ICPC, the EFCC and the Department of State Services (DSS) is scheduled for hearing on February 25 at the Federal Capital Territory High Court, where he is seeking bail. On the same date, he is expected to be arraigned over charges reportedly initiated by the DSS.

Akpan has characterised his client’s continued custody as unlawful detention, alleging restricted access to both lawyers and relatives.

With multiple agencies involved, pending court actions, and unanswered bail requests, the unfolding dispute is shifting from an anti-corruption probe to a broader debate over procedural fairness and the limits of investigative powers.

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