by Mohammed Bello Doka
On Wednesday, February 12, 2026, Nigeria witnessed yet another moment that forces a difficult national question: are we governed by law — or by impulse?
Former Kaduna State Governor Nasir El-Rufai returned to Nigeria from Cairo, Egypt, landing at the Nnamdi Azikiwe International Airport in Abuja. What followed was not a routine airport arrival. It was a confrontation that now sits at the center of a constitutional storm.
Security operatives — widely identified in multiple reports as officers of the Department of State Services (DSS), with references to possible involvement of the Economic and Financial Crimes Commission (EFCC) — allegedly attempted to take him into custody.
There was just one problem.
No warrant.
No court order.
No signed directive.
No fresh invitation letter.
Nothing.
The Timeline Matters
In December 2025, while El-Rufai was outside the country, the EFCC reportedly sent an invitation letter to his residence. His legal team acknowledged receipt and formally communicated that he would return and appear voluntarily before the commission.
A date was fixed:
Monday, February 16, 2026, at 10:00 a.m.
That was not speculation. That was not evasion. That was documented communication.
Yet four days before that scheduled appearance, security operatives moved to arrest him at the airport.
Why?
If the law was already in motion, why abandon procedure?
The Standoff
According to his media adviser, Muyiwa Adekeye, and his lawyer, Ubong Esop Akpan, El-Rufai demanded to see lawful authority before complying. None was presented.
Instead, during the confrontation, his international passport was reportedly seized from one of his aides. No warrant authorizing the seizure was shown. No court order restricting movement was produced.
His legal team described the attempt as unlawful and cited constitutional protections covering personal liberty, dignity, fair hearing, freedom of movement, and protection against unlawful acquisition of property.
They went further — demanding the immediate return of the passport and threatening legal action.
As of the time of writing, no official statement has emerged from the DSS or the EFCC explaining:
Whether a warrant existed.
Why it was not presented.
Under what authority the passport was taken.
Why the arrest attempt preceded the already scheduled February 16 appearance.
Silence is not clarification.
The Political Undercurrent
Context matters.
El-Rufai recently defected to the opposition African Democratic Congress (ADC). He has been openly critical of the APC-led federal government under President Bola Tinubu.
On February 11 — just a day before his return — he publicly stated that he could be arrested at any time.
Then came the airport encounter.
Coincidence? Perhaps.
But in politics, timing is rarely accidental.
Due Process Is Not Optional
This is not about whether El-Rufai should be investigated. Public officials — former or current — must be accountable. If there are allegations, they must be examined. If there is evidence, it must be tested.
But accountability cannot replace procedure.
Nigeria’s Constitution does not say: “Arrest first, justify later.”
It demands:
Lawful authority.
Proper documentation.
Respect for rights.
Transparent process.
If a warrant exists, produce it.
If a court authorized action, show it.
If travel restrictions apply, cite the statute.
The rule of law is not a courtesy extended at convenience. It is the foundation of legitimacy.
A Dangerous Precedent
Today it is El-Rufai — a former governor, a high-profile political figure, a man with public visibility and supporters who could intervene at the airport.
Tomorrow, who will it be?
If state agents can attempt to detain a citizen without presenting a warrant — and seize a passport without documented authority — then the line between law enforcement and lawlessness becomes dangerously thin.
Power must be exercised with evidence. Authority must be exercised with transparency.
Otherwise, we are not enforcing the law; we are testing the limits of fear.
The Questions That Will Not Disappear
1. If a warrant existed, why was it not shown?
2. Why attempt detention four days before a confirmed voluntary appearance?
3. Under what legal instrument was the passport seized?
4. Why has no agency issued an official clarification?
These are not partisan questions. They are constitutional ones.
Nigeria cannot afford ambiguity when liberty is involved.
The Larger Test
The strength of a democracy is not measured by how it treats the powerless. It is measured by how strictly it follows the law when dealing with its critics.
If there is a case against El-Rufai, let it proceed — openly, lawfully, transparently. If he is culpable, let the courts decide.
But if due process is bypassed, then the damage goes beyond one politician. It strikes at the very credibility of our institutions.
No warrant.
No court order.
No explanation.
That is not how constitutional democracy is supposed to function.
And until those questions are answered clearly and officially, this incident will remain what it appears to be:
An attempt that raises more constitutional concerns than it resolves.
Mohammed Bello Doka can be reached via [email protected]
Abuja Network News
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Opinion