By Ubong Esop Akpan
As counsel to Malam Nasir El-Rufai, we unequivocally condemn the attempted illegal arrest of our client by security operatives this afternoon upon his arrival in Abuja via Egypt Air flight MS 877 from Cairo. This is a flagrant violation of constitutional rights, executive overreach, and a deliberate disregard for the rule of law.
The invitation from the Economic and Financial Crimes Commission (EFCC) was delivered to Malam El-Rufai’s residence while he was already abroad, rendering it inherently illogical and impractical to demand immediate attendance to answer purported allegations. Such an approach defies reason, as it presumes instantaneous compliance from an individual outside the jurisdiction, without regard for logistical realities or legal fairness.
In response, we formally communicated with the EFCC on his behalf since December 2025, assuring compliance upon his return. Yesterday, we explicitly notified them that he would voluntarily appear at their office by 10:00 a.m. on Monday, February 16, 2026, specifying the precise place and time for addressing the invitation. Resorting to arrest despite this clear commitment exemplifies arbitrary conduct and undermines procedural integrity.
Upon his arrival, security operatives from the Department of State Services moved to arrest Malam El-Rufai without presenting any warrant or formal invitation. When he calmly demanded to see the letter of invitation — a basic entitlement of any citizen facing state action — none could be produced.
No document, no signed directive, no lawful process. There was only raw power, unclothed by law. In the same unlawful manner, operatives physically snatched his international passport. This act is nothing short of stealing — the unlawful taking of private property by agents of the state acting without colour of authority.
Ordinary Nigerians present at the airport, incensed by this open display of oppression, surrounded the scene and insisted loudly that he could only be arrested upon a legitimate process. Their voices, defiant and unbowed, were a testament to the citizenry’s unyielding commitment to the rule of law, even as state agents acted in flagrant disregard of it. That citizens had to remind security operatives of the Constitution is both shameful and instructive.
No government agency possesses unfettered authority to detain citizens without due process. All public institutions and officials are bound by the Constitution of the Federal Republic of Nigeria (as amended), which mandates adherence to legal protocols.
This attempted arrest directly infringes upon key constitutional provisions guaranteeing fundamental freedoms, including:
Section 35 (Right to Personal Liberty): requires that any arrest be justified and conducted in accordance with lawful procedures, such as reasonable suspicion and prompt judicial oversight.
Section 36 (Right to fair hearing): safeguards against executive actions that prejudice judicial processes.
Section 34 (Right to Dignity of Human Person): Subsection (1)(a) protects citizens from mistreatment during arrest that assaults personal dignity.
Section 41 (Right to Freedom of Movement): guarantees entry without arbitrary interception. The unlawful seizure of his passport directly restrains this right.
Section 44 (Right to Own Property): This prohibits the snatching of his passport without legal authority.
There exists no justifiable basis for this attempted arrest or the accompanying mistreatment. Despite prior intelligence of plans to effect this arrest, Malam El-Rufai proceeded with his return following medical treatment and rest abroad, publicly affirming his commitment to face any legitimate inquiry. This premeditated interception at the airport exemplifies lawlessness and an abuse of state power.
We demand the immediate and unconditional cessation of all unlawful efforts to detain Malam El-Rufai, the immediate return of his stolen passport, and a formal apology for this egregious infringement on his dignity and rights.
LET US MAKE IT PUBLICLY AND ABUNDANTLY CLEAR:
1. MALAM NASIR AHMAD EL RUFAI WILL NEVER TAKE THE COWARDLY ROUTE OF RUNNING AWAY FROM LAW ENFORCEMENT.
2. HE WILL HONOUR, WITHOUT PRECONDITIONS, ALL LEGITIMATE LAW ENFORCEMENT SUMMONS.
Legal action will be pursued against all persons and agencies responsible for this unconstitutional conduct to uphold accountability and deter future abuses. The judiciary remains the ultimate arbiter, and we shall seek redress through all available legal channels to protect the sanctity of the law.
Ubong Esop Akpan of The Chambers of Ubong Akpan is Counsel to Malam Nasir El-Rufai
