Operatives of the Department of State Services (DSS) yesterday took a former governor of Kaduna State, Nasir El-Rufai, into their custody shortly after he was released by the Economic and Financial Crimes Commission (EFCC), Daily Trust has learnt.
It was gathered that the chieftain of the African Democratic Congress (ADC) was driven away in a black Hilux vehicle from the headquarters of the anti-graft agency located in Jabi Area of Abuja shortly after Magrib (sunset) prayers.
Credible sources within the two agencies confided in our correspondent that the former governor was released to the secret police based on a request, saying investigations on the alleged financial impropriety were yet to be concluded before his release.
The media had on Wednesday reported that El-Rufai spent a second night in the custody of the EFCC after interrogations by the agency’s detectives were not concluded.
The operatives of the anti-graft agency had on Monday commenced grilling of the former governor after honouring the invitation extended to him, a development that sparked protest.
He was subsequently detained over an ongoing probe into some missing funds to the tune of N432bn when he held sway in Kaduna State as governor.
However, findings by our correspondent on Wednesday revealed that investigations into the matter were yet to be concluded when the operatives of the secret police picked him up on Wednesday evening.
One of the sources told Daily Trust that the secret police could not wait again because charges have already been filed against El-Rufai at a Federal High Court over the wiretapping of the NSA’s phone.
The source said the DSS’ request became imperative because lawyers, including senior advocates, have started criticising the agency for filing charges against him without interacting with him first.
“You can see that lawyers have started berating the DSS for filing charges against El-Rufai even without inviting or arresting him for interrogation.
“The lawyers have valid points on that, because it is illogical to file charges against someone in court when the agency has not interacted with the suspect(s). So, the DSS is trying to remedy the situation,” the source explained.
Another source noted that apart from the probe into the wiretapping of the NSA’s phone, El-Rufai would be investigated by the secret police for Dadiyata’s disappearance, alleged importation of poison by the ONSA, among other issues that concern national security.
The spokesman of the EFCC, Dele Oyewale, could not be reached last night for official confirmation of El-Rufai’s release, as several calls to his phone indicated that it was not reachable.
But a top official at the headquarters of the DSS confirmed El-Rufai’s presence within the facility located in the Aso Drive area of Abuja.
Like Malami, like El-Rufai
Checks showed that this same scenario played out a few weeks ago when a former Minister of Justice and Attorney-General of the Federation, Abubakar Malami, was also picked up by the DSS immediately he was released from Kuje custodial centre, Abuja.
Malami, also a chieftain of ADC like El-Rufai, was taken to the secret police headquarters popularly known as Yellow House after he was rearrested by the operatives.
The former AGF was reportedly re-arrested by the secret agency’s operatives for allegedly possessing some rifles in his private residence.
Security agents had earlier re-arrested his son, Abdulaziz, at the same Kuje custodial centre in Abuja, shortly after bail procedures for his release were completed.
Malami, his wife, Asabe, and son, Abdulaziz, are standing trial over alleged money laundering to the tune of N8.7 billion.
Earlier, the EFCC secured an interim forfeiture order on 57 landed properties linked to Malami.
The properties, valued at N213.23 billion, are located across Abuja, Kebbi, Kano and Kaduna states.
The forfeiture order was granted less than 12 hours after the Federal High Court approved bail for Malami, his wife and son in the sum of N500 million each, with two sureties in like sum, and fixed their trial for February 17.
El-Rufai’s detention illegal without court order — Lawyers
Lawyers have faulted the continued detention of El-Rufai, describing it as unlawful in the absence of a valid court order.
Reacting to the development, Obioma Ezenwobodo Esq cited Section 35(5) of the 1999 Constitution (as amended), which provides that a suspect may only be held for 24 or 48 hours, depending on the circumstances, after which the person must either be charged before a court of competent jurisdiction or released.
He, however, noted that Section 296 of the Administration of Criminal Justice Act (ACJA) 2015 allows a magistrate to grant a remand order for up to 14 days, which may be renewed where necessary.
Similarly, Ebuka Nweze Esq stated that the former governor is entitled to bail if the alleged offence is bailable. Otherwise, he said, the law requires that he be brought before a court within 24 hours of arrest.
On possible bail conditions, Nweze explained that these would depend on factors such as the severity of the alleged offence, the punishment prescribed upon conviction, the suspect’s status and character, and the likelihood of flight.
“He may even be granted bail on self-recognisance, depending on the nature of the offence. It would be unlawful to detain him indefinitely. Even if he has questions to answer for 20 days, such detention must be backed by a court order,” he added.
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