The Supreme Council for Shari’ah in Nigeria (SCSN) has raised fresh concerns over the continued detention and prosecution of former Kaduna State Governor Nasir El-Rufai, urging the authorities handling his cases to strictly observe constitutional safeguards, due process and his right to fair hearing.
The council said the circumstances surrounding El-Rufai’s detention had raised questions about the application of established legal procedures, insisting that accountability for alleged wrongdoing must be pursued within the framework of the law.
Nafiu Baba Ahmad, Secretary General of the council, said in a statement that El-Rufai, like every other Nigerian, was entitled to his fundamental rights and the presumption of innocence until proven guilty by a competent court.
The intervention comes amid the former governor’s ongoing legal battles arising from allegations connected to his eight-year administration of Kaduna State and a separate case involving alleged unlawful interception of telephone conversations.
El-Rufai, who governed Kaduna from 2015 to 2023, has been facing scrutiny over decisions and financial transactions undertaken during his administration. The ICPC has instituted a nine-count amended charge against him bordering on alleged abuse of office, fraud, irregular award and execution of public contracts, money laundering, conferring undue advantage and unlawful handling of public funds.
The former governor has denied wrongdoing in relation to the allegations and has maintained his position in the political space since leaving office.
In a separate development, the Department of State Services (DSS) instituted a five-count amended charge against El-Rufai over allegations relating to the unlawful tapping of telephone conversations linked to the National Security Adviser, Nuhu Ribadu.
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The cases have added a new legal dimension to the former governor’s post-office activities and have kept him at the centre of a politically sensitive debate over accountability, institutional independence and the treatment of former public officials.
The Shari’ah Council, however, said its position should not be interpreted as opposition to the prosecution of individuals suspected of committing offences.
It stated that it does not condone criminality by anyone, regardless of political affiliation, social standing or public office previously held.
Rather, the council said its concern was that the pursuit of accountability should itself comply with the principles of justice.
“As an organisation committed to justice, fairness, and the rule of law, the Supreme Council for Shariah in Nigeria believes that Nigeria operates under a constitutional democracy where the rights and liberties of all citizens must be respected, irrespective of status, political affiliation, or personal disposition,” Ahmad said.
It added that due process, fair hearing and lawful detention were fundamental pillars of justice and should be upheld at every stage of criminal proceedings.
The council’s position comes against the wider backdrop of increasing public debate over the prosecution of politically exposed persons and whether law enforcement and anti-corruption agencies are applying their powers consistently.
El-Rufai’s case has also attracted political attention because of his prominent role in national politics and his long-standing association with major political figures and movements.
During his tenure as Kaduna governor, he was one of the prominent voices within the governing political establishment, particularly on economic reforms, public-sector restructuring and security issues in the North-West.
His administration also generated controversy over policies and decisions that attracted both support and criticism, while his outspoken political style frequently placed him in the national spotlight.
Since leaving office in May 2023, El-Rufai has remained active in political discussions and has at various times been critical of developments within the country’s political establishment.
Against this background, the Shari’ah Council warned that the prosecution of politically exposed persons must be handled with particular transparency to prevent public institutions from being perceived as instruments of political persecution.
The council said arbitrary or politically motivated actions could weaken public confidence in state institutions and undermine the credibility of the justice system.
It therefore urged the relevant authorities to ensure that all proceedings involving El-Rufai were conducted strictly within the provisions of the Constitution and other extant laws.
“Accordingly, the council calls on the relevant authorities to act strictly within the confines of the Constitution and all extant laws by ensuring that due process is followed at every stage,” the statement said.
It also urged authorities to avoid actions that could be perceived as politically motivated persecution and instead demonstrate fairness, transparency and impartiality.
The council said the credibility of Nigeria’s institutions depended substantially on the trust citizens placed in them, stressing that justice should not only be done but must be manifestly seen to have been done.
It further appealed to political actors and other stakeholders to exercise restraint and responsibility while allowing the courts and relevant institutions to perform their constitutional functions.
The SCSN said the consistent and impartial application of justice remained essential to national cohesion, democratic stability and sustainable development.
It reiterated its commitment to advocating for justice and the protection of citizens’ rights, while calling on all parties involved in the cases to respect the dictates of the law.
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