Top Lawyer Points Out ICPC's Error In Releasing El-Rufai After Mother's Death
- Public affairs analyst criticises the Independent Corrupt Practices and Other Related Offences Commission (ICPC)'s release of Nasir El-Rufai after his mother's death without a court order
- Anyakweh Miracle Amadi, Esq. argues that it is only the courts that have the authority to grant bail, not the ICPC
- Former Kaduna State governor's release raises constitutional concerns regarding arrest and detention laws in Nigeria
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Legit.ng journalist Adekunle Dada has over 8 years of experience covering metro, government policy, and international issues
Port Harcourt, Rivers State - Public affairs analyst Anyakweh Miracle Amadi, Esq., has questioned the decision of the ICPC to release Mallam Nasir El-Rufai from custody after his mother’s death without a court order.
Amadi said the ICPC can not arrogate power to release a suspect in its custody without a court order to itself.
Source: Twitter
He said inasmuch as the former Kaduna State governor was kept under ICPC custody following a Court Order, it would have been correct to release him by a Competent Court Order temporarily.
The lawyer stated this during an exclusive chat with Legit.ng on Saturday, March 28, 2026.
“The reason is because granting of bail is not at the discretion of the ICPC but at the instance of the Laws of Nigeria. It is only the Court that has the unfettered power to grant bail based on its discretion.
“ICPC power ends once a court has ordered detention. As such, ICPC loses the authority to release that suspect on bail.”
Speaking further, he said the only explainable exception to this is a Conditional Release, if in the Order to extend detention, the court empowered ICPC to grant bail upon satisfying conditions (e.g., sureties, bail bond) set by the judge.
Amadi added that the other exception can be Time Limits. If a suspect in detention has overstayed within the period covered by the Order, then ICPC could discharge the duty to safeguard the fundamental right of the suspect to either administratively release him if no investigation indicts him or charge him to a competent Court for his arraignment.
He stated that El-Rufai’s release without a court order is a grave departure from the constitutional provisions and relevant laws.
“Releasing El-Rufai solely on the ground of the death of his beloved mother to enable him to attend the funeral rites of his mother, Hajiya Umma El-Rufai, is a grave departure from the constitutional provisions and relevant laws of the Federal Republic of Nigeria governing arrest, bail, and detention.
“Bail on compassionate grounds must be based on the law and not emotions.”
Source: Twitter
What El-Rufai did while in ICPC detention
Recall that El-Rufai spent his time in ICPC custody focusing on personal activities.
El-Rufai was released by the Independent Corrupt Practices and Other Related Offences Commission shortly after the death of his mother in Cairo, Egypt.
President Bola Ahmed Tinubu, Governor Uba Sani, and National Security Adviser Nuhu Ribadu extended condolences to El-Rufai, sparking mixed reactions across social media.
ICPC blasted for releasing El-Rufai after mother's death
Meanwhile, Legit.ng earlier reported that El-Rufai was released from ICPC custody shortly after his mother’s death.
Senior Advocate of Nigeria (SAN), Femi Falana, described the release as illegal, saying no individual or agency can override a court order.
Human rights lawyer Inibehe Effiong and veteran journalist Richard Akinnola questioned ICPC’s procedure, highlighting concerns over selective enforcement and adherence to the rule of law.
Source: Legit.ng
