A former chieftain of the Labour Party (LP), Kenneth Okonkwo, says the continued detention of Nasir el-Rufai, former governor of Kaduna, violates constitutional provisions on fundamental human rights.
has been in the custody of the (ICPC) since February 19 after he was released by the (EFCC).
On Wednesday, a magistrate court sitting in Bwari, Federal Capital Territory, granted the ICPC a fresh order to keep him in detention for another 14 days while investigations into alleged money laundering and abuse of office continue.
Speaking on Morning Brief, a programme on on Friday, argued that security agencies lack the authority to hold a suspect indefinitely under the pretext of carrying out investigations.
According to him, rulings by the supreme court indicate that investigations should be concluded before a suspect is arrested and charged.
“The whole idea of arrest is that you have completed your investigation and found the person culpable for the crime you alleged he committed,” he said.
“It is the duty of the prosecution to prove the guilt of the suspect, not the suspect to defend his innocence.”
Okonkwo maintained that el-Rufai should either be released or granted bail if authorities intend to prosecute him, stressing that his rights must be protected.
“We are not saying he should not face trial. But his fundamental human rights should be guaranteed,” he added.
The lawyer also suggested that the former governor’s situation might be politically motivated due to his association with the (ADC).
He criticised the actions of anti-corruption agencies, stating that ultimate responsibility for their conduct rests with .
Okonkwo said the “buck stops” with the country’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.”
Okonkwo also faulted court orders permitting extended detention for suspects who have not been charged with capital offences.
According to him, suspects should either be formally charged, granted bail, or released in line with constitutional provisions.
“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,” he 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.”