Dare Babalola
Kenneth Okonkwo, a former prominent member of the Labour Party (LP), has expressed that the ongoing detention of Nasir El-Rufai, former Governor of Kaduna State, contravenes the constitutional provisions pertaining to fundamental human rights.
El-Rufai has been held in custody by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) since February 19, following his release by the Economic and Financial Crimes Commission (EFCC).
On Wednesday, a magistrate court sitting in Bwari, Federal Capital Territory (FCT), granted the ICPC a fresh order to detain el-Rufai for another 14 days as investigations into allegations of money laundering and abuse of office deepen.
Speaking on Channels Television’s Morning Brief on Friday, Okonkwo stated that security agencies lack the authority to detain a suspect indefinitely under the pretext of conducting investigations.
Okonkwo argued that, according to rulings of the supreme court, arrests should only occur after investigations have been concluded and sufficient evidence gathered against a suspect.
“The whole idea of arrest is that you have completed your investigation and found the person culpable for the crime you alleged he committed.
“It is the duty of the prosecution to prove the guilt of the suspect, not the suspect to defend his innocence,” he said.
Okonkwo said el-Rufai should be released immediately and granted bail if the government intends to prosecute him.
He added that the ex-minister’s rights must be respected.
“We are not saying he should not face trial. But his fundamental human rights should be guaranteed,” Okonkwo added.
The lawyer alleged that el-Rufai’s ordeal may be politically motivated following his association with the African Democratic Congress (ADC).
He also criticised the role of anti-corruption agencies, arguing that the ultimate responsibility for their actions rests with President Bola Tinubu.
Okonkwo said the “buck stops” with the nation’s commander-in-chief.
“He is being maltreated, he is being persecuted because he has joined ADC and we are not exculpating anybody. But it is the court of law that should decide, not the gulag of President Tinubu,” he said.
“And for now, he is using his authority as the commander-in-chief, to use the instrumentality of the anti-corruption agencies in courts because I wonder whether there is any commission fighting corruption in Tinubu’s regime.”
He criticised courts that grant detention orders for suspects who have not been charged with capital offences.
According to him, suspects should either be formally charged, granted bail or released.
“The courts should not be giving such orders because it is against the constitutional provision of fundamental human rights. You are entitled to your liberty, you are entitled to your dignity,” the lawyer said.
“So no courts should be giving orders for somebody who has not committed any capital offence to be detained indefinitely.
“That is illegal and any such order is unconstitutional. So what I’m saying is that if el-Rufai committed any crime, please bring him to trial, grant him bail, so that if he is convicted, fine, nobody in ADC is quarrelling against rule of law.”
