iDeemlawfulFormer Nasir El‑Rufai, ex-Governor of Kaduna State, on Tuesday spent a second night in the custody of the Economic and Financial Crimes Commission, as his counsel, A.U Mustapha (SAN), continued efforts to secure his release on bail.
There are, however, signs that the commission could pursue a remand order to prolong his detention so he can address questions raised by investigators examining the case.
The former governor arrived at the EFCC headquarters in Abuja on Monday around 10 a.m. for interrogation over an alleged N432bn corruption investigation. He was subsequently held at the facility, where questioning by investigators continued.
An official of the commission who spoke anonymously disclosed that the anti-corruption body was weighing the option of obtaining a remand order after the legally permitted detention period expires to allow investigators complete their questioning.
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“Forget the speculations being peddled on social media that he has been released. He has not. El-Rufai is still with us and will be spending another night in custody.
“He is very much with us and will remain so because the investigators are considering getting a remand order after the expiration of the 48 hours allowed by law.
“The investigators need some time with him to answer questions arising from his eight years as governor in Kaduna State,” the source said.
Speaking during a phone interview with The PUNCH on Tuesday, El-Rufai’s lawyer, Mustapha, confirmed his client remained in EFCC custody and maintained that he had cooperated fully with investigators.
He described his client as a law-abiding citizen who would not abscond if granted bail.
Mustapha said, “Well, as a responsible citizen, he was invited and, true to his word, he honoured the invitation.
“As we speak, he is still with the EFCC. He is cooperating to the best of his capacity, and we hope that the EFCC, given its integrity, will be kind enough to admit him to bail because he is presumed innocent, and I am sure if he is granted bail, he will not jump bail.
“He is a responsible citizen, and everybody knows him. He came to Nigeria on his own volition. He wrote a letter that he was going to honour the EFCC invitation, and he kept his word as a man of integrity. We’re hopeful that very soon he will be granted bail.”
When asked about the exact allegations against his client, Mustapha declined to provide details.
“You’re asking the right question from the wrong person. That question can only be answered by the EFCC and not by me. I would just be speculating, and lawyers don’t do that.”
Pressed further on whether he observed aspects of the interrogation and its subject, Mustapha responded, “That would be prejudicial. It’s a confidential matter and not meant for public consumption.”
The EFCC’s questioning stems from findings by an ad hoc committee of the Kaduna State House of Assembly established in 2024 to review finances, loans, and contracts awarded between 2015 and 2023 under El-Rufai’s administration.
The committee, led by Henry Zacharia, alleged that several loans secured during that period were not applied for their approved purposes.
While presenting the report, the Speaker, Yusuf Dahiru Leman, claimed that about N423bn was allegedly diverted during the former governor’s tenure.
The committee advised that El-Rufai and certain former cabinet officials be investigated and prosecuted over alleged abuse of office, fund diversion, money laundering, contract irregularities, and excessive borrowing.
The Assembly later submitted petitions to the EFCC and the Independent Corrupt Practices and Other Related Offences Commission.
El-Rufai has rejected the claims, describing the probe as politically driven, and maintained that loans obtained during his tenure were properly used for infrastructure, education, healthcare, and security.
On Monday, an EFCC insider said the agency had been investigating the case for roughly one year, adding that suspects are typically invited after investigations reach an advanced phase.
“The commission has been investigating him for about a year now. As a commission, we don’t just rush to invite suspects. Persons accused are always the last; that is, after we might have done our investigation to an advanced stage.
“We are investigating him on the allegations against him by the Kaduna State Assembly,” the source said.
Meanwhile, in a separate development, the Department of State Services has filed criminal charges against El-Rufai at the Federal High Court in Abuja over the alleged unlawful interception of phone communications belonging to the National Security Adviser, Nuhu Ribadu.
The three-count charge, marked FHC/ABJ/CR/99/2026, was filed under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
According to the charge sheet, El-Rufai allegedly admitted during a February 13, 2026, appearance on Arise TV’s Prime Time Programme that he and unnamed associates unlawfully intercepted Ribadu’s communications.
Count One alleged that El-Rufai “did admit during the interview that you and your cohorts unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu,” an offence said to be punishable under Section 12(1) of the Cybercrimes Amendment Act.
Count Two accused him of acknowledging knowledge of an individual involved in the alleged interception without reporting it to security agencies, while Count Three alleged that he and others still at large used technical equipment that compromised public safety and national security.
The prosecution further claimed that the alleged act, reportedly admitted during the television interview, caused “reasonable apprehension of insecurity among Nigerians.”
He is yet to be arraigned.