Dare Babalola
The Economic and Financial Crimes Commission (EFCC) has invited former Kaduna State Governor, Nasir El-Rufai, for questioning, sparking controversy over the timing and manner of the invitation.
In a statement on Thursday, Ubong Esop Akpan, counsel to El-Rufai, condemned the attempted arrest of his client by security operatives at the Nnamdi Azikiwe International Airport, Abuja, on Thursday, describing it as a “flagrant violation of constitutional rights, executive overreach, and a deliberate disregard for the rule of law”.
Akpan confirmed that the agency had invited his client but revealed that the EFCC invitation was delivered to El-Rufai’s residence while he was abroad, rendering it “inherently illogical and impractical to demand immediate attendance to answer purported allegations”.
According to Akpan, the EFCC’s approach “defies reason, as it presumes instantaneous compliance from an individual outside the jurisdiction, without regard for logistical realities or legal fairness”.
In response to the invitation, Akpan said the former governor’s legal team formally communicated with the EFCC on El-Rufai’s behalf since December 2025, assuring compliance upon his return.
He disclosed that the team, on Wednesday, explicitly notified the EFCC that El-Rufai would voluntarily appear at their office by 10:00 a.m. on Monday, February 16, 2026, specifying the precise place and time for addressing the invitation.
He expressed his disappointment at the agency, noting that despite the assurance, security operatives from the Department of State Services (DSS) attempted to arrest El-Rufai upon his arrival, without presenting any warrant or formal invitation.
“Upon his arrival, security operatives from the Department of State Services moved to arrest Malam El-Rufai without presenting any warrant or formal invitation. When he calmly demanded to see the letter of invitation — a basic entitlement of any citizen facing state action — none could be produced. No document, no signed directive, no lawful process. There was only raw power, unclothed by law,” Akpan stated.
He claimed the operatives also physically snatched El-Rufai’s international passport, an act Akpan described as “nothing short of stealing — the unlawful taking of private property by agents of the state acting without colour of authority”.
He added, “Ordinary Nigerians present at the airport, incensed by this open display of oppression, surrounded the scene and insisted loudly that he could only be arrested upon a legitimate process.
“Their voices, defiant and unbowed, were a testament to the citizenry’s unyielding commitment to the rule of law, even as state agents acted in flagrant disregard of it. That citizens had to remind security operatives of the Constitution is both shameful and instructive.”
Akpan emphasised that no government agency possesses unfettered authority to detain citizens without due process, citing key constitutional provisions guaranteeing fundamental freedoms.
The attempted arrest, Akpan noted, directly infringes upon Sections 35, 36, 34, 41, and 44 of the Constitution, which guarantee personal liberty, fair hearing, dignity, freedom of movement, and property rights.
Akpan demanded the immediate return of El-Rufai’s passport, cessation of all unlawful efforts to detain him, and a formal apology for the infringement on his dignity and rights.
The statement affirmed El-Rufai’s commitment to facing legitimate inquiry and honouring law enforcement summons, saying he would never evade law enforcement.
Akpan vowed to pursue legal action against responsible parties, seeking redress through available channels to protect the rule of law.
“Legal action will be pursued against all persons and agencies responsible for this unconstitutional conduct to uphold accountability and deter future abuses. The judiciary remains the ultimate arbiter, and we shall seek redress through all available legal channels to protect the sanctity of the law,” the statement concluded.
