Editorial
El-Rufai’s Release: The Moral of Equity, Fairness and Justice
While it’s proper to mourn with anyone that is bereaved, especially if it involves a father or mother, in this case, El-Rufai, the loss of a mother is a big loss. Notwithstanding, Nigerians don’t understand the dynamics of El-Rufai’s release by the ICPC.
Section 41 of the 1999 Constitution guarantees the freedom of movement, but no right under the Fundamental Human Rights provisions in Chapter IV of the same Constitution is absolute; hence the caveat in section 41(2), a proviso that is further adumbrated in Sections 293 – 299 of the Administration of Criminal Justice Act (ACJA) 2015. The ICPC has no power to release Nasir el-Rufai on compassionate grounds or any other grounds. The ICPC should have gone back to the federal high court that extended el-Rufai’s detention till March 31. The process is controlled by the courts to prevent a situation where any agency of government or individual can, on its own, overrule the courts of the land. It amounts to contempt, impunity and an overreach without a formal court application for such a variation.
The release of El-Rufai, without any arm of the judiciary, or President Tinubu albeit he has the constitutional powers of prerogative of granting presidential pardon, taking responsibility for the release, is an usurpation and rape of the judiciary by the political class.
Last week, a former Minister of Aviation under the administration of Goodluck Jonathan, the FCT High Court in Maitama, Abuja, freed former Minister of Aviation, Stella Oduah, and her co-defendant from N2.5 billion fraud charges following a deal they struck with the Nigerian government. The court gave the ruling after the Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo, reported that the defendants had refunded the loot for which they were charged.
So, who gave the order for the release of El-Rufai? Who is that powerful figure who can so brazenly usurp the authority of the judiciary under Section 6 of the 1999 Constitution? It is an untidy development that can lead to a loss of confidence in the supremacy of judicial decisions. The ICPC cannot possibly act on a whim.
Perhaps the relevant sections of the Administration of Criminal Justice Act (ACJA) 2015, should be amended to also cover other suspects and allow them to go home to mourn and bury their mothers and fathers, as the case may be. After all, what is good for the goose is good for the gander – before God, all men are equal.
So, it’s now the tradition to free politically exposed persons, irrespective of their crime. All a thief needs to do is to register to become a member of a political party and should he/she commit a crime, they shall walk away from court, free.