Charge El-Rufai or release him

It has been more than 30 days since the former Governor of Kaduna State, Malam Nasiru El-Rufai, honoured the invitation of the Economic and Financial Crimes Commission (EFCC) in Abuja, to submit himself for questioning over an alleged mismanagement of N432 billion during his tenure as governor. Since then, he has been moved to the […]

It has been more than 30 days since the former Governor of Kaduna State, Malam Nasiru El-Rufai, honoured the invitation of the Economic and Financial Crimes Commission (EFCC) in Abuja, to submit himself for questioning over an alleged mismanagement of N432 billion during his tenure as governor. Since then, he has been moved to the custody of the Department of State Services (DSS), which questioned him over a self-indicted claim of unlawful interception of phone communication belonging to the National Security Adviser, Nuhu Ribadu. He is now in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which is probing him for another allegation of financial mismanagement during his time as governor.

Of the three government agencies, only the DSS has formally charged El-Rufai. While remaining in ICPC custody, the commission obtained a magistrate order to detain him for 14 days while building its case. After the expiration of that period, the ICPC claimed it had applied for another 14-day extension to complete its investigation, which the courts granted on March 5.

Clearly, this sequence hints at a problem. First, going by the ICPC statement signed by John Okor Odey, Head of Media and Public Communication, and released on March 17, the extension which was granted on March 5 should have expired on March 19, allowing El-Rufai time to spend Eid with his family. But this was not the case.

Secondly, the sequence exposes a troubling pattern. The ICPC, having admitted it sought the remand order to investigate allegations of money laundering and abuse of office, hinted that it arrested El-Rufai even before any solid evidence was established against him. In Nigeria, this practice of ‘arrest first, investigate later’ has become routine. Elsewhere in the world, law enforcement agencies build cases with hard evidence, digital records, and testimonies before arresting suspects. Here, evidently, investigations are conducted during prolonged detentions, aimed at ridiculing or breaking suspects.

We see this drama repeatedly when security operatives storm homes, offices, or airports to effect arrests, when a simple invitation would suffice. El-Rufai himself was nearly arrested in such a dramatic style at the Nnamdi Azikiwe International airport Abuja, in February, upon his return to Nigeria from Egypt. When he declined to follow the security operatives without a formal invitation, they seized his passport, instead.

Now, to be clear, this is not just about El-Rufai, and it is not to say the former governor is innocent. He is perhaps one of the most controversial figures in Nigeria’s current political landscape, and many would be delighted that a man who has, in the past, displayed his own share of political overreach is getting a taste of his medicine. The issue, however, is about the integrity of Nigeria’s democratic institutions.

Since his detention, many individuals and organisations have rightly demanded that the ICPC either charge El-Rufai or release him. The African Democratic Congress (ADC), El-Rufai’s political party², has equally described his continued detention as a “grave violation of fundamental rights.” More troubling is El-Rufai’s recent claim that he is being pressured by the ICPC to abandon his political choice. Should this be true, then it portrays an eroding rule of law prevailed over by political vendetta. It is painful to see that even after 27 years of uninterrupted democracy, Nigeria’s security agencies would allow themselves to be reduced to tools of political oppression.

In the middle of all these, there are those who argue that President Bola Ahmed Tinubu is innocent and does not interfere with security agencies in the discharge of their duties. Yet, as a leader whose supporters often remind Nigerians of his pivotal role in helping restore the country’s democracy, and who, on multiple occasions, boasted of his strong commitment to protecting democratic principles, he bears the responsibility to ensure that those entrusted with protecting our democracy do so judiciously within the ambit of the law.

Therefore, with the expiration of the extended court order granted to the ICPC to detain El-Rufai, we deem it necessary to add our voice by insisting that the commission either release him or charge him to court. His continued detention under the pretext of the ICPC ‘building a case’ only highlights the commission’s weak and ineffective investigative approach. No citizen of Nigeria, irrespective of class or status, should be subjected to prolonged detention. Every Nigerian has the right to freedom of expression, movement and choice of political affiliation as guaranteed by the country’s constitution.

Daily Trust insists that all relevant security operatives investigating any Nigerian, whether highly placed or of lower status, do their homework quietly and diligently, without drama. An arrest should come after a thorough investigative process that results in sufficient evidence, not the starting point of one. The ICPC and other state instruments must not be reduced to tools of political suppression.