Femi Falana, a Senior Advocate of Nigeria (SAN), has addressed growing concerns over the detention of former Kaduna State Governor, Mallam Nasir El-Rufai, insisting that the arrest and detention comply with Nigerian law.
In an interview with The Legacy Series, Falana responded to claims circulating on social media and among some members of the public that El-Rufai’s detention is unlawful.
He emphasized that these concerns are based on misunderstandings of the country’s legal provisions and that the process followed by law enforcement agencies is consistent with the Administration of Criminal Justice Act (ACJA).
Falana explained that Section 293 of the ACJA, enacted in 2015, provides a clear legal framework for the detention of individuals by law enforcement agencies.
The provision allows a magistrate, upon receiving an ex parte request from a law enforcement body such as the police, the Economic and Financial Crimes Commission (EFCC), or the Independent Corrupt Practices Commission (ICPC), to authorize the detention of a Nigerian citizen for an initial period of 14 days.
The law further permits the detention to be extended up to a maximum of 42 days under certain circumstances.
“There are complaints that Mallam El-Rufai is being held unlawfully. That is not true,” Falana said. “This legislation was enacted to regulate how law enforcement agencies can detain individuals, and in this case, all procedures have been strictly followed.”
Falana’s comments come at a time when the issue of political figures’ detention continues to attract significant public debate.
By clarifying the statutory provisions, he aims to reassure Nigerians that El-Rufai’s detention is within the limits of the law and underscores the importance of understanding legal procedures before drawing conclusions.
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