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From Ndubuisi Orji, Abuja
The African Democratic Congress (ADC) has accused the Federal Government of selective application of justice in the cases involving former Kaduna State Governor, Nasir el-Rufai and former Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami.
The ADC, in a statement by its National Publicity Secretary, Bolaji Abdullahi, stated that el-Rufai and Malami’s treatment contrasted with a “separate high-profile case involving allegations of passport forgery and international conspiracy, where the accused persons were granted bail and proceedings were moving swiftly.”
It noted that as a law abiding party, it believes that no citizen, regardless of status, is above the law. Nevertheless, it stressed that when the law is applied selectively in a constitutional democracy, it becomes imperative to insist that justice be applied evenly and transparently.
El-Rufai and Malami, who are both chieftains of the ADC are standing trial for different offences. While el-Rufai was arraigned recently for alleged involvement in the interception of the National Security Adviser’s (NSA) communication, the Malami is prosecuted for alleged money laundering and other offences.
Nonetheless, the ADC argued that the movement of Malami and el-Rufai from the custody of one law enforcement agency to another, in rapid succession while investigations appear ongoing, has raised profound public concern.
“When a citizen is transferred from one detention facility to another before investigations are demonstrably concluded, it inevitably begs the question: is detention being used as an investigative shortcut, or as an instrument of pressure to keep these opposition leaders out of circulation?
“In a democracy that is supposed to be governed by the rule of law, custody must follow credible, well-prepared charges, not precede them in a manner that creates the appearance of pre-trial punishment.
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“If there is evidence against Abubakar Malami, prosecute him transparently. If there is evidence against Nasir el-Rufai, present it before the court and allow the law to take its course. But, Nigeria and Nigerians will not accept a situation where the coercive instruments of the Bola Tinubu-led Federal Government are perceived to move with unusual speed against opposition figures, while similar matters elsewhere travel at a gentler pace.
“Nigerians should consider a recent high-profile case. At its centre are grave allegations of passport forgery, international conspiracy, impersonation and the alleged use of a disputed international passport in support of a property claim in London.
“These are not minor procedural questions. They touch on issues of national integrity and international credibility. Yet, in that case, the accused persons pleaded not guilty, were granted bail and the matter is proceeding with dispatch before the court.
“Yet, in the cases involving Malami and el-Rufai, we have witnessed prolonged custodial movements, inter-agency transfers and processes that appear to precede, rather than follow fully crystallised prosecution.”
Furthermore, the opposition party, while stating that it would continue to stand by el-Rufai and Malami as they assert their legal rights, charged the relevant government agencies to give clarification on the precise status and stage of investigations concerning them.
“At the same time, let there be no ambiguity about our position. Malami and el-Rufai are first, citizens of Nigeria before they are opposition leaders or members of the African Democratic Congress. They are, therefore, presumed innocent under the Constitution until proven otherwise in a fair and competent court of law. That presumption should not be treated as a courtesy, but as a constitutional guarantee.
“We will continue to stand by our members as they assert their legal rights. We will ensure that they are not isolated, intimidated or denied the protections that every Nigerian citizen is entitled to under the law. We will never abandon our people in moments of trial. We will never leave any of our members behind. To stand by them is not to obstruct justice, it is to insist that justice be done properly.
“Accordingly, ADC calls for immediate public clarification from the relevant authorities on the precise status and stage of investigations concerning Malami and el-Rufai, strict adherence to constitutional safeguards protecting against arbitrary or prolonged detention, transparent and time-bound prosecution of any charges supported by credible evidence and equal application of the law without discrimination based on political alignment,” the opposition party stated.
