Nigeria: Protest As El-Rufai Remains in Detention

The continued detention of former Kaduna State governor, Nasir El-Rufai, on Wednesday triggered protests across Kaduna, with youth groups demanding his immediate release and threatening to organise a one-million-man march in Abuja if he remains in custody.

The protesters said the former governor's prolonged detention, despite pending court proceedings, raises concerns about due process and fairness. They described the development as unjust and warned that further delay in resolving the matter could heighten political tension in the state and beyond.

El-Rufai's arrest and continued detention have also been flagged by opposition leaders as a systematic continuation of what they allege is a clampdown on opposition voices. They point to the recent arrest, detention and arraignment of former Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), as part of a broader pattern targeting prominent opposition figures.

The protest coincided with the failure of the Department of State Services (DSS) to produce the chieftain of the opposition coalition-led African Democractic Congress (ADC) in court for his arraignment on charges of alleged phone tapping and cybercrime.

The protesters, drawn from different communities across Kaduna metropolis and parts of Southern Kaduna, converged on strategic locations in the state capital. They chanted solidarity songs and carried placards bearing inscriptions such as "Free El-Rufai Now" and "Justice for Our Leader".

Other placards read, "Kaduna Demands Governance, Not Revenge." The demonstrators included women, youths and elderly supporters of the former governor.

In Kaduna metropolis, protesters gathered at the Western Bypass, a major economic corridor, temporarily disrupting traffic. Security personnel were deployed to monitor the protest and ensure it did not degenerate into violence. There were no immediate reports of clashes.

A similar demonstration was reported in Kafanchan, headquarters of Jema'a Local Government Area, where Southern Kaduna youths said they were staging a peaceful rally in solidarity with the former governor.

Speaking during the protest, a leader of the Arewa youth movement, Ibrahim Modibbo Sanusi, described El-Rufai's continued detention as unjust and politically motivated.

"We are here to register our displeasure over the continued detention of our leader," Sanusi said. "We demand his immediate and unconditional release. Justice must not only be done but must be seen to be done."

He warned that failure by the authorities to heed their demands could lead to further mass mobilisation.

"If this situation persists, Kaduna youths will have no option but to escalate our actions within the ambit of the law," he said, adding that the group would mobilise a one-million-man march in Abuja if El-Rufai is not released.

Arrest, transfer and investigations

El-Rufai, who returned to the country earlier this month, initially presented himself at the headquarters of the Economic and Financial Crimes Commission (EFCC) on February 16, following an invitation from the agency.

His visit to the EFCC was preceded by a confrontation with security operatives at the arrival terminal of the Nnamdi Azikiwe International Airport, where attempts were reportedly made to restrain him.

Two days after reporting to the EFCC, he was transferred to the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), where he has remained.

The anti-graft agencies are investigating him over alleged financial improprieties during his tenure as governor of Kaduna State between 2015 and 2023.

In 2024, the Kaduna State House of Assembly indicted him over the alleged diversion of N423 billion in public funds and alleged money laundering, and called for a probe by relevant agencies. El-Rufai has denied wrongdoing.

Court adjourns arraignment to April 23 for DSS' charges

Meanwhile, the DSS failed to produce El-Rufai before the Federal High Court in Abuja for his arraignment on Wednesday in the criminal charges filed against him.

At the court session, the former governor was conspicuously absent.

Justice Joyce Abdulmalik subsequently adjourned the matter to April 23 for arraignment on allegations of cybercrime and breach of communications brought by the Department of State Services (DSS).

Counsel for the DSS, Oluwole Aladedoye (SAN), informed the court that El-Rufai was still in the custody of the ICPC for investigation on other matters.

"Unfortunately, the defendant is with the ICPC, and I do not know how far the investigation with the ICPC has gone," he said, requesting an adjournment for two weeks.

Although El-Rufai's counsel, Oluwole Iyamu (SAN), did not oppose the adjournment, he applied for bail for the former governor. He cited Section 158 of the Administration of Criminal Justice Act (ACJA), arguing that bail could be heard and granted even before arraignment.

He contended that keeping the defendant in custody for an additional two weeks before considering bail would amount to "oppressive behaviour" by the prosecution.

According to him, the DSS had ample time to prepare for arraignment, given that the charge was filed on February 16. He further stated that he knew "for a fact" that the DSS handed El-Rufai over to the ICPC.

However, counsel to the DSS opposed the bail request, describing it as premature and insisting that the issue of bail could only arise after formal arraignment.

"Supposing the defendant pleads guilty to the charge, will the issue of bail be necessary? It is important to have the defendant arraigned first before we can talk about any application," he argued.

He also sought to correct what he described as a misconception regarding custody.

"May I correct the impression that we took the defendant to the ICPC. We did not. The defendant was initially detained by the EFCC. It was from the EFCC that he was taken to the ICPC. He has never been in DSS custody," he said.

In response, El-Rufai's counsel maintained that the court is vested with the power to order that a defendant be produced, regardless of the agency holding him.

"If they filed a charge as far back as the 16th, and as of today they are asking for two weeks to return for arraignment, the purpose is clear," the defence counsel argued.

After hearing the submissions of both parties, Justice Joyce Abdulmalik declined the bail application, holding that her court was not started hearing the matter.

Details of the charges

In the three-count charge, the federal government alleged that El-Rufai, on February 13, while appearing as a guest on Arise TV's Prime Time programme in Abuja, admitted during the interview that he and his associates unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu.

The charge states that the alleged act contravenes Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.

In count two, he was accused of stating during the same interview that he knew and related with certain individuals who unlawfully intercepted the phone communications of the NSA without reporting them to relevant security agencies, allegedly contrary to Section 27(b) of the Act.

Count three alleges that he and others at large used technical equipment or systems that compromised public safety and national security by unlawfully intercepting the NSA's communications, contrary to Section 131(2) of the Nigerian Communications Act.

El-Rufai has also filed a separate application seeking to strike out the case on the grounds that it discloses no offence known to law.

In a motion dated February 17, 2026, he asked the court to award N2 billion against the DSS as costs for what he described as an abuse and misuse of court process.

In a related development, the fundamental rights enforcement suit filed by the former governor was heard by the FCT High Court, which adjourned the matter to February 27 to enable the respondents to file their processes.

ICPC insists El-Rufai lawfully detained, dismisses ill-health claims

Amid mounting concerns over El-Rufai's health, the ICPC on Wednesday insisted that he was being held lawfully and dismissed claims that he was bleeding in custody.

The commission's spokesman, John Odey, said investigations were ongoing and that charges would be unveiled once filed before a court of competent jurisdiction.

"Yes, he is still lawfully with us. Investigations are ongoing and as soon as we charge him before a court of competent jurisdiction, the charges shall be made known," he said.

"It is totally not true that he is bleeding or bled in our custody as has been rumoured."

Efforts to obtain a reaction from counsel to the former governor, A.U. Mustapha (SAN), were unsuccessful, as calls to his line were not answered as of the time of filing this report.

However, Muyiwa Adekeye, El-Rufai's media aide, had earlier disclosed that the former governor suffered an overnight nosebleed while in custody, raising fresh concerns about his well-being.

In a statement issued on Monday night, Adekeye said the legal team had not been shown any remand order authorising detention beyond 48 hours without charge. He also alleged that family members and lawyers were experiencing difficulty gaining access to him.

"One of his wives was not allowed to deliver his meal directly to him on the evening of February 17, but was asked to pass it through one of the commission's personnel. His lawyers have reported that he suffered an overnight episode of bleeding from his nose," the statement said.

Former Vice-President Atiku Abubakar also weighed in, calling on the federal government to grant El-Rufai bail if his health and rights cannot be guaranteed.

In a post on his social media platforms, Atiku said the health and welfare of the former governor were matters of grave concern and demanded clarity on which agency currently has custody of him.

"The federal government owes Nigerians clarity. It must state clearly which agency is holding him, whether the EFCC, the ICPC, the State Security Service, or any other arm of the security establishment. Secrecy in matters of detention only fuels suspicion. Nigerians deserve transparency," he said.

He added that whichever agency is responsible has a constitutional duty to guarantee his safety, dignity, access to medical care, and access to his family and legal representatives.

Suspect should not be detained beyond 48 hours without court order - Lawyers

Lawyers have clarified that the constitution provides a time frame within which a defendant may be held in custody before the court begins hearing on the matter.

Reacting, Dayo Akinlaja (SAN) said the DSS allegation against El Rufai, which borders on wire-tapping offence does not have any special significance in this regard, adding that the same 24-hour period prescribed by the constitution for a place like Abuja still applies.

On the stringency or otherwise of bail conditions, he said it would depend on the particular judge. "It's a matter of discretion, though expected to be exercised judiciously and judicially."

Similarly, E.M.D. Umukoro Esq, said the constitution is clear that a suspected cannot be detained beyond 24 hours or 48 hours, depending on the distance of a court, before they are charged.

On bail, he said that depends on the offence, adding, "bail is not intended to punish the defendant but to secure their attendance to face trial and prepare for their defence."

"However, if it is a case of high profile such as national security or terrorism, the court may be reluctant to give liberal bail conditions or no bail at all until the whole gamut of the trial have taken place," he said.

Speaking to Daily Trust earlier, Obioma Ezenwobodo Esq, also said by Section 35(5) of the Nigerian Constitution, a suspect can only be held for 24 or 48 hours, as the case may be, within which, having been arrested or detained, they will be charged to a court of competent jurisdiction for trial or be released.

"But see Section 296 of the ACJA 2015 provides for 14 days remand order by a magistrate which can be renewed as the circumstances dictate," he said.

Similarly, Ebuka Nweze Esq, said the former governor deserves bail so long as his alleged offence is bailable otherwise, he should be taken before a court within 24 hours.

On the bail conditions, Nweze said that would be influenced by the likely punishment upon conviction, the status of the suspect and character; that is suspicion that they may be a flight risk.

"He can be granted bail on self-recognisance depending on the nature of the offence because it will not be lawful to hold unto him in perpetuity, even if he has questions to answer for 20 days, it must be granted by a court," he added.

ADC expresses disappointment over continued detention

The Coalition African Democratic Congress (ADC) yesterdays expressed disappointment over the continued detention of El-Rufai.

ADC National Publicity Secretary, Mallam Bolaji Abdullahi, told Daily Trust last night that what El-Rufai is being charged for is a bailable offence and wondered why the DSS failed to produce him in court.

He said what is happening is part of government gimmick to keep him in detention.

The ADC spokesman said, "we are disappointed because we feel that ordinarily, the offence that he has been accused of is a bailable one.

"So, we expected that he would be brought to court today (Wednesday) in the case against the EFCC. But the ICPC refused to produce him in court.

Because of that, the judge used that as a basis to refuse any hearing on the application for bail.

"We are watching. We don't want to say too much because the case is in court. But we are disappointed because we know that there is one government agency that is charging him and there is another government agency that is holding him," he said.

Involvement of several agencies raises questions - Dr Sufi

A political analyst, Dr Kabiru Sufi, said the multiple investigations involving the former governor may not be entirely free of political undertones.

He noted that the involvement of several agencies, the ICPC, the EFCC and the DSS, at the same time raises questions about possible political motivations.

"You cannot remove the fact that there may be political motivation to the whole issue because there are several things happening together. You talk about the ICPC, the EFCC, the DSS, all at the same time, each pursuing different cases, and then there are even issues with the Kaduna State Government," he said.

According to him, while not all the allegations may be politically driven, the timing, particularly as they are unfolding simultaneously, suggests that politics could be a factor.

"If these issues had come at long intervals, one might see them as isolated cases. But they are happening at once, and at a time when El-Rufai has been very vocal on certain national issues. So, there may be some political undertone," he added.

On concerns about the former governor's fundamental human rights, Sufi said due process should be followed, including arraignment before a competent court within the constitutionally stipulated timeframe.

"I think taking him to court within 48 hours is what should be done, and then whatever the court decides, his lawyers will be there to handle it," he said.

He cautioned against premature speculation on the outcome of the cases, noting that the matters are now before the courts.

"It is sub judice to talk about what may be the endgame. If he is found guilty, the judiciary will determine the consequences. When an issue is before the court, one cannot pre-empt what will happen. It is now left for the government to ensure that he is taken before the appropriate court, and for the judiciary to act accordingly," he said.

This article originally appeared on Daily Trust.