Legal Expert Affirms Legality of El-Rufai's Arrest, Cites Expired Immunity
Published on March 29, 2026, and updated the same day at 3:40 PM, this report delves into the legal dimensions surrounding the arrest of former Kaduna state governor, Nasir El-Rufai. Legal practitioner Binzak Azeez has provided insights, affirming that the arrest falls within the scope of Nigerian law, despite claims of political motivations from opposition groups.
Immunity Expiration Opens Door to Prosecution
Azeez explained in an exclusive interview that El-Rufai's immunity from arrest and detention under Section 308 of the 1999 Constitution of Nigeria expired when he left the governor's office in 2023. This legal shift means the former governor is now subject to prosecution under relevant laws, regardless of any political undertones alleged by his opponents.
"Mallam Nasir El-Rufai no longer falls within the categories of persons shielded from arrest and detention," Azeez stated. "His term as an executive governor has expired with immunity. The bone of contention should revolve around whether the arrest and detention conformed to the rules of law, not political motivations."
Arrest-Before-Investigation Criticized
While defending the legality of El-Rufai's arrest, Azeez raised concerns about the methodology employed by Nigerian anti-graft agencies. He pointed out that the practice of making arrests before completing investigations deviates from international standards for effectively combating crimes.
"I must state very clearly that I don't agree with the modus operandi of arrest before investigation by the security and anti-graft agency in Nigeria," Azeez emphasized. "The method negates the international standards. Before an arrest is made, I feel the investigation should be almost concluded."
He suggested that in El-Rufai's case, as with many others, investigations likely commenced only after the arrest, contrasting with more covert approaches used by foreign agencies.
Legal Framework and Court Oversight
Azeez referenced Section 35 of the 1999 Constitution and Part 2 of the Administration of Criminal Justice Act as the established rules guiding arrest and detention in Nigeria. He maintained that the arrest and detention of El-Rufai are within the ambit of these laws, with the only potential exception being a subsequent court ruling to the contrary.
"Based on the available information within my knowledge, I think the arrest and detention are within the ambit of law, except that the act is subsequently pronounced otherwise by the court," Azeez said. Reports indicate El-Rufai spent nearly 48 hours in EFCC custody and is detained by ICPC under a court order.
Despite the legal standing, Azeez cautioned that such practices might yield no positive results, highlighting a tension between procedural legality and investigative efficacy in Nigeria's anti-corruption efforts.
