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The ongoing prosecution of the embattled former governor of Kaduna State, Nasir El-Rufai, over alleged corruption and wiretapping of telephone conversations of the National Security Adviser, Mallam Nuhu Ribadu, has attracted public attention and even scrutiny for obvious reasons. The media has been awash with reportage on the matter. In fact, it has dominated the headlines. His continued detention by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for over one month has also been condemned by some Nigerians.
Earlier, the Economic and Financial crimes Commission (EFCC) and the Department of Sate Services (DSS) have had one matter or the other against Mallam El-Rufai bordering on corruption and security issues. In the ongoing investigation, the anti-graft agencies have not found any tangible thing to nail El-Rufai. Even the wiretapping equipment ICPC reportedly recovered from his Abuja home has been debunked by the family. Details of corruption allegation against El-Rufai during his eight years in office have been in public domain that there is even no need repeating them here.
This is probably why the African Democratic Congress (ADC) has stated that the continued detention of former Kaduna State governor by the ICPC is a violation of his human rights. The National Publicity Secretary of the party, Bolaji Abdullahi, has called on the ICPC to uphold the rule of law and release El-Rufai immediately, so that he can prepare his defence. The party observed that, “thirty-two days ago, the former Governor of Kaduna State, Mallam Nasir El-Rufai, honoured an invitation by the EFCC in good faith, an act that should define a law-abiding citizen in a democratic society. Two days after his release, he was taken again, this time by the ICPC.”
The party also noted that, more than 30 days later, he remains in custody without arraignment, without formal charges and under conditions that, by his own account include, restrictions from his family members and doctor and coercion to abandon his political rights and associations as the price of his freedom.” His continued incarceration violates his fundamental human rights as guaranteed by the 1999 Nigerian Constitution.
One of the criticisms that trailed the establishment of EFCC during the Olusegun Obasanjo administration was that the anti-graft agency could be used to persecute political opponents. The fears of Nigerians were confirmed when Obasanjo used it as a tool to witch-hunt political opponents. The anti-graft agency allegedly played some roles in the impeachment of some governors. The same criticism still subsists today about the anti-graft agencies. We shall return to this theme later in the article.
The ongoing prosecution of El-Rufai is open to many interpretations. While we subscribe to zero tolerance of corruption, we also believe that every corruption allegation must be subjected to fair trial. In such trial, due process and respect for human rights of the accused must be duly respected. In our laws, an accused is presumed innocent until the contrary is proved. And it must be proved beyond reasonable doubt. Detaining an accused for too long is never part of the due process. It abridges is rights for political participation.
In the current trial of El-Rufai, concerned Nigerians are already seeing persecution, persecution and persecution. How long does it take before an accused is arraigned before a court of competent jurisdiction? It should be within a prescribed time-frame. But, it must not be interminable. Investigation should not be used to detain an accused for a period longer than necessary. Matters like this ought to be fully investigated before contemplating of arresting the person involved. Arresting the person while investigation is going on is not tidy. At time you don’t know which agency is doing what in the investigation. This kind of untidiness and confusion can be avoided if the matter has been properly investigated as it is the standard practice in the United Kingdom and United States.
Former governor of Kaduna State, Mallam Nasir El-Rufai, is a brilliant well-known Nigerian. He has played many important roles in the country. His case qualifies for a bail. And he cannot jump bail if granted one. Before becoming one of the best discoveries of the Obasanjo administration, El-Rufai founded El-Rufai &Partners, a quantity surveying firm with three partners, which he managed until 1998.
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He was appointed by Obasanjo as the Director-General of Bureau of Public Enterprises (BPE) as well as the Secretary of National Council of Privatization. In 2003, he became the Minister of the Federal Capital Territory (FCT). He was a staunch supporter of former President Muhammadu Buhari. He supported the All Progressives Congress (APC) and attacked his former party the PDP from all sides. As two-time governor of Kaduna State, El-Rufai was very powerful and dominated its affairs. However, he made modest achievements in spite of his shortcomings.
When the power shift to the South was not gaining much support from the North towards the end of Buhari’s second term in office, El-Rufai was so blunt that power must shift to the South. He spearheaded the campaign for power shift to the South as well as for Tinubu’s presidency. He strongly supported Tinubu’s bid for the presidency. He gave his all to that ambition and worked tirelessly until Tinubu was declared the winner. El-Rufai’s name was submitted to the Senate as a possible minister but his name was later dropped for no justifiable reason. He managed to play along with the APC. But there were already cracks in the relationship between El-Rufai and Asiwaju. Much later, he started being overly critical of the Tinubu administration and commenced association with members of the opposition.
Perhaps El-Rufai’s mea culpa is leaving APC for ADC, the new face of opposition. Labour Party and the Peoples Democratic Party have been decapitated and disorganized by some external forces. There is no doubt that if El-Rufai decides to be with the APC today, his sins will be forgiven. No matter how it is looked at, the trial of El-Rufai and erstwhile Attorney-General of the Federation and Minister of Justice, Abubakar Malami has a predictable pattern that smacks of political vendetta. Both are strong members of the ADC from the North. They have many supporters. If Malami should decide today to return to APC, he would be given a red carpet reception. And all the corruption cases will disappear. They should not be persecuted because of their political choices and views.
After 26 years of unbroken democracy, the uncanny resort to selective justice, which the present trial of El-Rufai represents, should be lampooned. At the same time, the quick resort to orchestrated media trial of perceived political enemies of the administration is quite reprehensible and unacceptable.
The deployment of anti-graft agencies as tools to prosecute political opponents is in bad taste. This culture of political witch-hunt must be done away with forthwith.
Our democracy will not thrive under the atmosphere of fear and political harassment of opposition politicians. We have observed the growing trend of coordinated attacks on opposition parties and their promoters in Lagos, Kaduna, Kano, Edo, Rivers and Cross River states. These attacks must stop. The Police should act and arrest those behind such attacks.
The political space is wide enough for many political parties to exist and operate. However, they should play the game according to the rules. Any attempt to whip everyone into one omnibus party is not likely to succeed. The PDP tried it and crashed. Let others learn from it. The ordeals of El-Rufai cannot be divorced from the ongoing persecution of ADC members.
Injustice to one is injustice to all. It is El-Rufai today, it may be you tomorrow. Therefore, those laughing and shouting crucify him, crucify him today should remember that evil triumphs when good people do nothing. Therefore, do something. The ongoing trial or attempt to prevent El-Rufai from participating in the 2027 election season is inelegant and punitive. It is also a denial of his human and political rights.
