The Prolonged Detention of el-Rufai: Due Process preserves Public Trust

Network for Democracy and Development

The Network for Democracy and Development (NDD) is a multi-stakeholder civil society platform committed to national transformation through ethical leadership, good governance, and inclusive development.

We restate our full support for measures that advance public integrity and curtail corruption in all its ramifications. Corruption erodes the social contract and must be confronted decisively.

Crucially, however, the credibility of the anti-corruption drive depends on one non-negotiable foundation: the rule of law. No person, irrespective of their social status, is above the law. This equality before the law applies to individuals and organisations, governments and their agencies alike. In the same vein, no process must be conducted in a manner that makes citizens perceive legitimate prosecution as political persecution.

It is in this spirit that we express concern over the continued detention of Malam Nasir el-Rufai, a former Governor of Kaduna State, for over 200 days by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in relation to bailable offences.

Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria (as amended) stand as the twin pillars of constitutional liberty, rule of law, and due process.

While Section 35 guarantees every citizen the right to personal liberty and to trial within a reasonable time, Section 36 ensures the right to a fair, public, and impartial hearing, anchored on the presumption of innocence.

Collectively, these provisions ensure that no individual can be arbitrarily stripped of their physical freedom or condemned without full compliance with the rule of law.

When detention extends far beyond what is reasonable, the implications transcend the individual involved. As we are currently witnessing, it sparks broader institutional concerns and public debates about the fairness and predictability of the process - factors that ultimately undermine public confidence in our justice system.

Due process is not a mere technicality. It is the moral authority upon which the anti-corruption fight stands. A matter before the court is not a conviction; ICPC custody is not a prison sentence.

To this end, NDD calls on the Attorney General of the Federation and the leadership of the ICPC to:

1. Immediately review the basis and duration of the ongoing detention;

2. Ensure strict compliance with constitutional timelines and bail provisions; and

3. Proceed with prosecution, where applicable, in open court and without delay, so that justice is not only done, but seen to be done.

Nigeria’s progress depends on the capacity of the state and its agents to effectively lead by two foundational governing ideals: accountability for public office and fidelity to due process. We cannot sacrifice one to achieve the other.

The Network urges public institutions to act in a manner that strengthens trust, not suspicion. To preserve integrity and legitimacy, the fight against corruption must be anchored in law, clear evidence, and unimpeachable transparency.

The ongoing prosecution of Malam Nasir El-Rufai must, therefore, proceed without any hint of persecution. We all must come under the rule of law.

God bless the Federal Republic of Nigeria