El-Rufai and the Line between Prosecution and Persecution

Former Kaduna State governor Nasir El-Rufai is nearing a grim milestone: 150 days in detention without conviction. This prolonged period, punctuated only by a brief compassionate release for his mother's burial, raises serious questions about Nigeria's justice system.

El-Rufai faces charges including abuse of office, money laundering, and security breaches. While these are serious allegations, they are bailable offenses under Nigerian law. Critics contend that holding him for so long, denying him adequate access to family and legal counsel, and hindering his defense preparation, points towards persecution rather than legitimate prosecution.

The 1999 Constitution of Nigeria guarantees the rights to personal liberty and a fair trial. Section 36(5) enshrines the principle of presumption of innocence, stating that an individual is innocent until proven guilty. This fundamental right underpins the entitlement to bail, further reinforced by laws like the Administration of Criminal Justice Act (ACJA).

The ACJA explicitly states that individuals suspected or accused of offenses are entitled to bail, subject to specific provisions. The common understanding is that offenses not punishable by death are bailable. The handling of El-Rufai's bail applications and the overall timeline since his initial detention on February 16, 2026, have led many to question whether the legal process is being followed fairly.