Nasir El-Rufai
The Federal High Court in Kaduna has ordered the interim forfeiture of ₦1.37 billion, which was allegedly siphoned from Kaduna State Government funds into a private account.
The money was part of funds allocated for a proposed light rail project in Kaduna, which was never executed during the tenure of former Governor Nasir El-Rufai, who led the state from 2015 to 2023.
Justice H. Buhari granted the forfeiture order on 28 February following an ex parte application by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which traced the funds to a private account.
On 14 February, the ICPC filed an ex parte application seeking to recover the funds, arguing that the failure to execute the light rail project deprived Kaduna residents of a much-needed transportation system.
According to the commission, the diverted money was funneled through Indo Kaduna MRTS JV Nig. Ltd, a joint venture established in 2016 between the Kaduna State Government and Indian investors.
ICPC’s counsel, E.O. Akponimisingha, moved the application before the court on 28 February. Since the case was heard ex parte, no opposing parties were present.
In granting the ICPC’s request, Justice Buhari not only approved the interim forfeiture of the funds but also ordered the commission to publish a notice in two national newspapers.
This notice invites any interested parties to come forward and present their claims before the court to contest the forfeiture.
The judge scheduled further proceedings for 8 April, allowing time for anyone who believes they have a legitimate claim to the funds to appear before the court.
In October 2016, the Kaduna State Government, under El-Rufai, entered into a joint venture agreement with Indo Kaduna MRTS JV Nig. Ltd. for a light rail project.
However, the ICPC revealed that before the entity was even incorporated by the Corporate Affairs Commission (CAC), El-Rufai had already begun approving payments to it in December 2016.
Between December 2016 and January 2017, the former governor approved payments totaling ₦11.1 billion to the entity, despite the fact that it was not officially registered with the CAC until 10 May 2017.
Out of the ₦11.1 billion deposited into Indo Kaduna MRTS JV Nig. Ltd’s account with Sterling Bank, ₦1.373 billion was allegedly diverted into a private account, which the ICPC has now tracked down.
In its application, signed by ICPC Chairman Musa Aliyu, the commission argued that redirecting the funds for public use aligns with the broader interest of governance and accountability.
The ICPC maintained that approving the forfeiture would not violate anyone’s constitutional rights but would instead promote transparency and prevent the mismanagement of public resources.
The anti-graft agency launched an investigation into the matter after receiving a petition from lawyer M. Yahaya of NUS’ AB Chambers, Abuja.
The petition, dated 27 June 2024 and received by the commission on 1 July 2024, detailed allegations of large-scale misappropriation of Kaduna State funds by members of the previous administration.
Some former officials of the El-Rufai administration are already facing legal battles in various courts, including the Code of Conduct Tribunal, the Economic and Financial Crimes Commission (EFCC), and the ICPC, over allegations of fraud.
The Kaduna State Government has also launched its own probe into corruption and financial mismanagement during El-Rufai’s tenure.
However, the former governor and his allies have dismissed the allegations, calling them a politically motivated “witch hunt.”
El-Rufai and his former aides insist they are innocent, arguing that the ICPC’s attempt to seize the light rail project funds— which they claim are private assets— is an act of oppression and an abuse of power.
They further warned that such actions could deter foreign direct investment in Nigeria.
