Senior Advocate of Nigeria (SAN) Adamson has clarified that the detention of former Kaduna State Governor Nasir El-Rufai by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) is lawful under the Administration of Criminal Justice Act (ACJA) of 2015. Speaking on ARISE News on Monday, Adamson noted that the ACJA permits suspects to be detained for an initial 14 days, with court-approved extensions of 14 days at a time, without the need for public disclosure.
Adamson explained that Section 35 of the 1999 Constitution guarantees the right to personal liberty but allows for lawful derogation under specified conditions. He emphasized that the ACJA, particularly Sections 293 and 296, enables law enforcement agencies to apply to a court for a remand order. The first remand lasts 14 days, with the possibility of two additional 14-day extensions, giving a maximum detention period of 42 days before a suspect may seek bail.
He further clarified that if ICPC completes its investigation within the initial 14 days, the suspect can be prosecuted or released. If not, the agency can seek further court-approved extensions, explaining its reasons only to the court and not to the public. Adamson stressed that this legal framework ensures investigations are conducted properly while protecting the rights of suspects.
Addressing concerns about selective justice, the SAN underscored that the law applies equally to all citizens, regardless of status. He stated that accusations of political bias do not override legal procedures and that anyone who breaks the law must face legal consequences.
Finally, Adamson highlighted that suspects who are detained illegally have the right to approach the courts for redress. He reinforced that the law balances law enforcement powers with constitutional safeguards, ensuring both accountability and protection of individual liberties during investigations.
