A legal practitioner, Maduabuchi Idam has criticised reports that the Independent Corrupt Practices Commission, ICPC, granted administrative bail to former Kaduna State governor, Nasir El-Rufai, after his arraignment at the Federal High Court in Kaduna.
Idam said the Chairman of ICPC should be held accountable for contempt of court.
In a statement he issued, Idam described the reported procedure as both irregular and inconsistent with established legal practice, noting that once a defendant is arraigned, they fall under the authority of the court.
He argued that any release outside a court order undermines the judicial process.
“Such a procedure, if truly undertaken, is not only wrong but also strange,” he said.
Idam further questioned the legality of what he described as a release carried out without court approval, even if done on compassionate grounds.
“The news that he was released ‘extra court order’ on compassionate grounds is a novel invention that has scorned not only the judicial process but also the authority of the court,” he stated.
He maintained that, in such circumstances, the ICPC acts strictly as a custodial body and must adhere to court directives.
“Except where a competent court has issued an order for release, the ICPC, as a mere custodial agency in this circumstance, has acted in contempt and in defiance of established legal and judicial processes,” he said.
Idam warned that failure to hold those responsible accountable could set a dangerous precedent.
“The Chairman must therefore be held accountable for such contempt; otherwise, a dangerous precedent would be set whereby officers in charge of correctional centres might assume similar discretion to release inmates on informal or extraneous grounds, notwithstanding the pendency of their cases before a court of competent jurisdiction,” he added.
