- Legal expert affirms El-Rufai’s arrest complies with Nigerian laws despite political motivations claims
- El-Rufai’s immunity expired upon leaving office, opening him to prosecution under the law
- Concerns raised over arrest-before-investigation practices deviating from international crime-fighting standards
The arrest of the former Kaduna state governor, Nasir El-Rufai, has been considered to be within the scope of the law, according to a legal practitioner, Binzak Azeez.
Azeez, who spoke with Legit.ng in an exclusive interview, concerning the dilemma of the former governor, maintained that doing investigation after arrest did not conform with the international practice, but insisted that the arrest of El-Rufai, was in line with relevant laws in Nigeria.
Photo Credit: @elrufai
Source: Twitter
The lawyer explained that El-Rufai’s immunity ended when he left the office of the governor in 2023 and that the claim of the opposition that his prosecution was politically motivated cannot stand.
His statement reads:
“Mallam Nasir El-Rufai no longer fall within the categories of persons shielded from arrest and detention under Sec 308 of the 1999 Constitution of the Federal Republic of Nigeria, as amended. His term as an executive governor has expired with immunity from arrest and detention.
“It is immaterial whether he was being investigated or detained due to his opposition to the President Tinubu-led administration, as raised by some sections of the opposition. The bone of contention should revolve around whether the arrest and detention conformed to the rules of law.
“Section 35 of the 1999 constitution and Part 2 of the Administration of Criminal Justice Act provide for the established rules guiding arrest and detention. Whatever the argument the opposition is making outside the legality or illegality of the process doesn’t hold water.”
El-Rufai’s arrest is legal
He further stressed that the arrest and detention of the former governor is within the law, adding that the only exception would be the court saying otherwise. He added:
“Based on the available information within my knowledge, I think the arrest and detention are within the ambit of law, except that the act is subsequently pronounced otherwise by the court. It’s reported that the former governor spent almost 48 hours in the Economic and Financial Crimes Commission (EFCC) custody and that he is being detained by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) based on the court order.
“I must state very clearly that I don’t agree with the modus operandi of arrest before investigation by the security and anti-graft agency in Nigeria. The method negates the international standards for effectively combating crimes generally. Before an arrest is made, I feel the investigation should be almost concluded. In El-Rufai’s case, like many other cases, I think he was only being investigated after his arrest. I doubt both the EFCC and ICPC have made any covert move or investigation unknown to the former governor, like the foreign anti-graft agency. While his arrest and detention appear legal until the court states otherwise, the act may have no positive result.”
Photo Credit: @elrufai
Source: Twitter
Source: Legit.ng
