El-Rufai and the Rule of Law

The only ‘defence’ you hear from officials of the current administration when you broach the issue of how critical state institutions and the courts are being weaponised to hold former Kaduna State Governor, Nasir el-Rufai perpetually in jail is whataboutery: ‘Did he not do the same to others?’ While one should not condone whatever el-Rufai may have done to others in the past—and he has a sordid record on that score with the El-Zakzaky saga a prime example—when those who superintend the temple of justice become tools for an individual to be recycled across courts by prosecutors who evidently just want to keep that person in custody, we are on a slippery slope as a nation.

At face value, El-Rufai has been granted bail in the sum of N100 million. But before he can perfect the bail, he must obtain a surety who resides in either the Maitama or Asokoro districts of Abuja who in turn must deposit the original Certificate of Occupancy of a landed property at the court registry. The surety must be a federal civil servant not below Grade Level 17 and must provide evidence of salary payments for at least three months, authenticated by a letter from the manager of a bank within the jurisdiction of the court. The court further ordered the surety to be deposed to an affidavit of means, enter into a bail bond, and submit a recent passport photograph to the court registry. The court also directed that a verification letter from the surety’s immediate department be submitted, alongside a tax clearance certificate covering the last six months. El-Rufai must also submit a letter of attestation from the Chairman of the Kaduna State Traditional Council.

Even if we ignore the absurdity of El-Rufai being ‘roundtripped’ by three federal agencies—the Economic and Financial Crimes Commission (EFCC), State Security Service (SSS) and the Independent Corrupt Practices Commission (ICPC)—we should not close our eyes to the sinister role being played by the judiciary in his travails. Seven years ago, I had a rare opportunity to address this same issue at a gathering of Judges and senior lawyers, where I made my position very clear. I spoke at a dinner in honour of Justice Cecilia Mojisola Olatoregun, who had then just retired from federal high court in Lagos. In attendance that night was the Chief Judge of Federal High Court, Justice John Tosho. Other Justices also in attendance included Justices Binta Iyako, Mohammed Liman, Anwuli Chikere, Nnamdi Dimgba, Maureen Onyetenu, Adefunmilola Demi-Ajayi, Mobolaji Olubukola Olajuwon, Ayo Emmanuel, Rosemary Dugbo-Ogboghorie, Ibrahim Watila, Chuka Austine Obiozor, Iniekenme Nicholas Oweibo, Hadiza Rabiu Shagari and Toyin Bolaji Adegoke. There were, of course, many other Justices as well as senior lawyers like Dr Wale Babalakin, SAN, Mr Wole Olanipekun, SAN, Mr Mike Ozhekhome, SAN, Chief Bayo Ojo, SAN and Mrs Folake Solanke, SAN. 

I prefaced my presentation this way: “In Nigeria, there are several challenges that our men and women on the bench confront almost on a daily basis. So, I salute all our Judges who are seated here tonight. However, there is an issue that worries me and I want to seize this opportunity to highlight it: The attachment of stringent bail conditions that are most often designed to keep applicants in jail. That these conditions apply mostly to those being prosecuted by the government raises questions that touch on the integrity of the bench in Nigeria.” I then went further to argue that since Judges are supposed to be neutral arbiters in the settlement of disputes, I do not think it is right to be using bail applications to tip the scales of justice. “Except in exceptional cases, the courts should not be giving bail conditions that they know cannot be met. Since the essence of demanding a surety is to ensure that the defendant returns to court for the remainder of the criminal justice process, I believe that the eminent jurists seated here tonight should reflect on what bail has become in our country today…”

While interested readers can access my presentation of 8th November 2019 here, https://olusegunadeniyi.com/projects/1076-justice-in-nigeria-and-the-lucrative-business-of-bail.html?lang=en, the el-Rufai saga goes beyond the travails of one man to the core issue of rule of law and justice administration in Nigeria. I therefore urge the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun to intervene on the matter. Our courts must not be seen as an instrument of injustice against any citizen—regardless of whether or not we like such individuals.