The death of Hajiya Umma El-Rufai in Cairo has left her family in mourning. The circumstances surrounding the temporary release of her son, former Kaduna State Governor Nasir El-Rufai, from the Independent Corrupt Practices and Other Related Offences Commission (ICPC) custody have sparked outrage among lawyers and citizens. El-Rufai has been in custody since February 18, 2026, following allegations of corruption.
The Federal High Court in Kaduna, presided over by Justice Ridwan Aikawa, formally arraigned El-Rufai on 10 counts on March 24 and renewed his remand in ICPC custody until March 31. However, hours after his mother's death, ICPC released him on compassionate grounds to attend her burial rites. Senior lawyers have reacted strongly to this move, arguing that it is a breach of the law.
According to Femi Falana, Inibehe Effiong, and Richard Akinnola, once a court remands a suspect, the ICPC no longer has the power to decide when to let them out. Only the court that issued the remand order can vary, suspend, or lift it. This is based on constitutional law, specifically Section 6 of the 1999 Constitution, which vests judicial powers exclusively in the courts.
The Administration of Criminal Justice Act (ACJA) 2015 also governs remand proceedings, and the court controls the process, sets strict time limits, and has the power to bring up the person remanded. There is no provision allowing an anti-graft agency to grant unilateral temporary compassionate release after a judge has spoken.
Many ordinary Nigerians have lost parents while awaiting trial in overcrowded prisons, and few, if any, get a swift compassionate exit like El-Rufai. This move reinforces the perception that there is one law for the connected and another for everyone else.
Nigerian courts have been consistent on this principle for decades, emphasizing that no person or authority can disobey or vary a court order. Disobedience undermines the entire judicial system.
The ICPC's decision to release Nasir El-Rufai on compassionate grounds sets a worrying precedent for equal justice in Nigeria. By bypassing the court's authority, the agency has reinforced the perception that there is one law for the connected and another for everyone else. This move undermines the rule of law and undermines the trust in the judicial system. The fact that many ordinary Nigerians have lost parents while awaiting trial in overcrowded prisons highlights the need for justice to be served equally. The ICPC must respect the court's authority and follow due process in all cases, including those involving high-profile individuals.
