ABUJA — The Coalition Political Action Committee (COPAC) has issued a stark warning to the Federal Government, demanding the immediate release of former Kaduna State governor, Mallam Nasir El-Rufai, or his formal arraignment in court, insisting that his continued detention beyond the lifespan of a valid remand order constitutes a fundamental breach of the Constitution .
The convener of COPAC, Dr Aminu Datti-Ahmed, made the demand in a strongly worded statement on Sunday, asserting that the rule of law cannot be held in abeyance to serve political expediency. The warning intensifies the growing national debate surrounding the former governor’s protracted stay in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
El-Rufai was initially taken into custody by the Economic and Financial Crimes Commission (EFCC) on February 16 after honouring an invitation. He was transferred to the ICPC on February 18, where he has remained since . The anti-graft agency subsequently secured a 14-day remand order from a Chief Magistrate’s Court in Bwari, Abuja, on February 19, granting them the legal authority to hold him while investigations continued . That order officially expired on March 5, 2026 .
COPAC argued that with the expiration of that judicial backing, the former governor’s continued detention is now constitutionally indefensible.
“The 14-day remand order obtained by investigators in the case involving Nasir El-Rufai has expired. That order was granted for a specific and limited purpose: to allow investigators to complete their work within a defined constitutional window. It was not granted as a licence for indefinite detention, procedural manipulation, or political theatre,” Datti-Ahmed stated .
He anchored the coalition’s argument on Section 35 of the Constitution of the Federal Republic of Nigeria, which guarantees the personal liberty of every citizen . According to the group, investigative detention is strictly a temporary measure that must, within a reasonable timeframe, culminate in either formal charges before a competent court or the suspect’s immediate release.
“The Federal Government must therefore understand that it must now do one of two things in the case involving El-Rufai: file formal charges before a court or release the detainee immediately,” COPAC declared .
The coalition warned that any course of action outside these two legal options would render the government’s conduct illegal and unconstitutional. It described such a scenario as an abuse of state power and a gross violation of the rights guaranteed to every Nigerian citizen .
Furthermore, COPAC invoked international human rights instruments to which Nigeria is a signatory, including Article 9 of the International Covenant on Civil and Political Rights and Article 6 of the African Charter on Human and Peoples’ Rights, both of which strictly prohibit arbitrary arrest and detention .
Beyond El-Rufai: A Pattern of Selectivity
The coalition broadened its critique beyond the immediate case, raising alarm over what it perceives as a disturbing trend in the deployment of state power.
“Make no mistake, the danger of this moment cannot be overstated. Nigeria is witnessing a disturbing pattern in which state institutions are willing to deploy investigative powers against political actors in a manner that raises legitimate questions about selectivity, timing, and motive,” Datti-Ahmed warned .
This, he argued, made the silence of other prominent opposition figures particularly troubling. COPAC issued a direct appeal to leading lights of the opposition—including former Vice President Atiku Abubakar, Labour Party standard-bearer Peter Obi, former Sokoto State governor Aminu Tambuwal, former Rivers State governor Rotimi Amaechi, and former Kano State governor Rabiu Kwankwaso—urging them to break their silence .
“This is not about El-Rufai. This is about the law being a level playing field. The rule of law must never become a selective weapon used against those who fall out of favour with those who hold power,” the statement read .
In a poignant warning against the perils of collective silence, COPAC invoked a historical parable: “First they came for Tambuwal, And I did not speak out Because I was not Tambuwal. Then they came for Malami, And I did not speak out Because I was not Malami. Then they came for Kwankwaso, And I did not speak out Because I was not Kwankwaso. Then they came for El-Rufai, And I did not speak out Because I was not El-Rufai. Then they came for me — And there was no one left To speak out for me” .
Legal Fraternity Weighs In
The coalition’s stance reflects a growing chorus of legal opinion questioning the legality of El-Rufai’s continued detention. Senior lawyers and civil society actors have publicly faulted the ICPC for failing to either charge the former governor or seek an extension of the expired remand order .
Barrister Abba Hikima noted that while investigations into alleged crimes should be encouraged, suspects should not be held indefinitely without being charged. “The law is clear that you don’t arrest someone and then start investigating. Investigation should come first before arrest and detention,” he said .
Similarly, Barrister Huwaila Muhammad Ibrahim, Chairperson of the Women Forum of the Nigerian Bar Association, emphasised that investigating agencies are expected to present suspects before a court within 24 hours, barring a court-granted extension. She stressed that if the ICPC required more time, it was their responsibility to return to the court and justify why the initial 14-day window was insufficient .
A Senior Advocate of Nigeria, Salman Jawondo, maintained that law enforcement agencies must strictly comply with constitutional provisions. “Generally speaking, they ought to have taken him to court because he has been detained for more than two weeks now. If they have reasons why he should not be granted bail, the court will consider them. Detention should not be punitive,” he argued .
Barrister Chibueze Maduka offered a precise legal analysis: “In El Rufai’s case, the remand order obtained by ICPC on 19th February 2026 has elapsed on 6th March 2026. From 6th March 2026, it is expected that El Rufai should be formally charged, released, or ICPC apply for an extension of the order. If they fail to do any of the three above, the continuous detention of El Rufai from 6th March 2026 is unlawful” .
Family Maintains Detention is Unlawful
The former governor’s family has been equally vociferous in their demand for his release. In a statement signed by his son, Hon. Mohammed Bello El-Rufai, who represents Kaduna North Federal Constituency, the family described the detention as lacking any legal basis.
“We state categorically that there is currently no valid legal instrument authorising his detention,” the family said. “The ICPC has not charged him with any offense in a competent court. Neither have they secured a fresh or extended lawful order to continue detaining him. This is no longer a matter of lawful procedure; it is unlawful, brazen self-help” .
The family further alleged that the commission was being wielded as a tool for political persecution rather than functioning as an impartial institution of justice .
Parallel Legal Action
Meanwhile, El-Rufai has taken proactive legal steps to challenge the actions of the anti-graft agencies. He has filed a N1 billion fundamental rights enforcement suit against the ICPC, the Inspector-General of Police, and others over the alleged unlawful invasion of his Abuja residence .
Through his lawyer, Oluwole Iyamu, SAN, El-Rufai is challenging the validity of the search warrant executed at his home on February 19, describing it as “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause” .
The Path Forward
As of the time of filing this report, the ICPC had yet to issue an official response to the mounting allegations that it is acting outside the law. Efforts to reach the commission’s spokesman, Mr John Odey, were unsuccessful, as calls to his mobile phone went unanswered .
COPAC concluded its statement with a resounding declaration that sought to frame the debate not as a partisan squabble but as a fundamental test of Nigeria’s democratic character.
“The law is not optional. The Constitution is not a suggestion. And the Nigerian people will not remain silent if the guarantees of liberty written into our Constitution are treated as expendable,” Datti-Ahmed warned. “Nigeria is a constitutional democracy, not a police state” .
With the legal window for his detention closed and no charges filed, all eyes are now on the ICPC and the Federal Government to determine whether they will heed the calls to abide by the law or allow the controversy to deepen into a full-blown constitutional crisis.