The Independent Corrupt Practices and Other Related Offences Commission (ICPC) announced on Monday that it has modified the corruption charges against former Kaduna State Governor, Nasir El-Rufai, at the Kaduna State High Court.
The alteration to the charges led to the removal of the second defendant, Amadu Suleiman, who is the Managing Director of TMDK Terminal Limited, from the case.
According to a statement released by the ICPC on Monday, their lawyer, Osuobeni Akponimisingha, informed the court that the initial joint charge was altered because the second defendant, Mr. Sule, was consistently absent due to medical reasons.
Following this submission, the court granted permission for the amendment, allowing the prosecution to proceed solely with the case against Mr. El-Rufai.
Subsequently, Mr. El-Rufai was re-arraigned on nine amended counts. These charges fall under various laws, including the Corrupt Practices and Other Related Offences Act of 2000, the Advance Fee Fraud Act of 2006, the Kaduna State Penal Code, and the Kaduna State Public Procurement Law.
He entered a plea of not guilty to all the charges presented.
The prosecution requested the court to schedule a date for the trial and ensure Mr. El-Rufai's presence throughout the proceedings.
In response, the defence team petitioned for bail on liberal terms, citing a pending application.
After considering arguments from both sides, the court set Tuesday, April 14, for a ruling on the bail application. It also ordered that Mr. El-Rufai remain in ICPC custody until a decision is made.
PREMIUM TIMES had previously reported that Mr. Sule's name was omitted when the ICPC submitted an amended nine-count charge against the former governor to the Kaduna State High Court on Monday.
Charges
Mr. El-Rufai is currently facing nine counts, to which he has pleaded not guilty.
The charges brought by the ICPC are based on the Advance Fee Fraud Act and the Corrupt Practices and Other Related Offences Act, both from 2006.
In the initial count, the ICPC alleged that in December 2016, while serving as governor, Mr. El-Rufai allegedly used deceptive means to persuade the Kaduna State Government to transfer N11 billion to Indokaduna MRTS JV Nigeria Limited. The commission identified this entity as unregistered and stated that the funds were for a light rail project that was never completed.
The commission asserts that this action contravenes the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.
A second count accuses him of utilizing his official position to gain personal advantage.
The third count filed by the ICPC claims that in January 2023, Mr. El-Rufai received a severance allowance of N289.8 million, which significantly exceeded the approved sum of approximately N20 million. The commission contends that he knew, or should have known, that this excess payment was derived from proceeds of unlawful activity, violating the Money Laundering (Prevention and Prohibition) Act of 2022.
The fourth count alleges that between September 2017 and March 2023, he managed funds totaling $320,800, paid in installments into his Guaranty Trust Bank domiciliary account by an individual named Joel Adoga. The commission stated these funds were the 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, who is reportedly at large. The commission claims these funds were also 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 the commission claims were proceeds of unlawful activity.
The commission also alleged that the former governor received additional sums in foreign currency and concealed their origins, following the amendment of the charge.
Previously, Mr. El-Rufai was arraigned by the ICPC on 10 counts related to fraud, misappropriation of public property, and money laundering, along with other defendants. He had pleaded not guilty at that time.
The amended charge follows a series of court appearances in both state and federal courts.
The ICPC had previously granted him a few days of release on compassionate grounds in March, following the death of his mother.
He is also facing separate investigations by the Economic and Financial Crimes Commission (EFCC) concerning related allegations.
In a parallel development, the Federal High Court in Kaduna, where the ICPC is prosecuting Mr. El-Rufai on 10 corruption charges, has also scheduled April 14 for a ruling on his bail application.
Trial judge Rilwan Aikawa set the date after hearing arguments from both the prosecution and defence on April 14.
The federal charges are linked to allegations of inflated severance payments after Mr. El-Rufai's tenure as governor concluded in 2019 and 2023, as well as the alleged receipt of $817,900 in suspicious funds.
Mr. El-Rufai has maintained his innocence, characterizing the legal actions against him as politically motivated.
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