El-Rufai Lacks Power to Declare Ayuba Wadda and Others Wanted

By Festus Ogun

Governor Nasir El-Rufai of Kaduna State on Tuesday declared the
President of the Nigerian Labour Congress (NLC), Mr. Ayuba Wabba
and other union members wanted for alleged “economic sabotage and
attacks on public infrastructure” in the State. This came a day
after the NLC embarked on its ongoing five-day warning strike
commenced as a result of the unfair treatment of workers in the
State.

To start with, under the legal framework of Nigeria, Governor
Nasir El-Rufai has no such right, power or authority to declare
Ayuba Wadda or any person whatsoever wanted. In my respectful view,
the declaration was reckless, authoritarian, ridiculous, vexing and
grossly disrespectful to our Constitutional ethos. While this
tyrannical disposition remains baffling, the Governor’s gut to
whimsically declare wanted a labour leader, whose only crime was
leading the struggle of the victims of El-Rufai’s oppressive
policies, shows the level of despotism there is in Kaduna
State.

The procedure for declaring a person wanted in Nigeria is quite
clear. First, there must have been a warrant of arrest issued by a
Magistrate, Judge or Justice of Peace. Neither the Police nor a
Governor can issue a warrant of arrest. In effecting the arrest of
a suspect, where it can be established that he or she is on the
run, hiding, absconding, evading or obstructing arrest, then, the
Police can, in partnership with the court, declare a suspect
wanted.

Put simply, making conscious and real efforts at effecting the
arrest of a suspect, by formal invitation or other means, is a
condition precedent to declaring a suspect wanted. Singularly
declaring a suspect wanted without fulfilling the condition
precedent is arbitrary and has no basis in law. My position is
fortified by the provisions of 41 and 42 of the Administration of
Criminal Justice Act, 2015.

Instructively, in the case of Benedict Peters v.
EFCC & Others FCT/HC/CV/23/2017 (Unreported), our
court held that EFCC’s decision to declare Peters wanted, without
first obtaining a court order to that effect or filing a charge
against him in court, was a violation of his fundamental rights,
particularly the right to freedom of movement. If an anti-graft
agency could be restrained from arbitrarily declaring suspects
wanted without lawful justification, one wonders where El-Rufai got
his fictional powers from.

Apparently, a warrant of arrest has not been issued against
Wadda and his comrades – and cannot in fact be issued as a result
of courts closure. As much as we know, no formal invitation has
been extended to him. He is right there on the streets of the
beautiful city of Kaduna; so glaringly that an average man can
easily locate him: He is neither hiding nor evading arrest. If all
these conditions precedent were not met, why would the Governor go
ahead to declare him wanted? That is executive rascality taken too
far. Assuming without conceding that the condition precedents were
met, it lies not in the mouth of El-Rufai to declare Wadda wanted;
only the Police or the security agency concerned can do so having
gotten requisite orders. This Gestapo manner of declaring a
well-known union leader wanted in the heat of a struggle reminds
one of the locust days of Adolf Hitler and the cowardice of baby
tyrants.

With the little law I know, what Wadda and other striking
workers are doing falls within the purview of their fundamental
rights which are well protected and guaranteed under the 1999
Constitution, extant labour laws, regional charters and other
international instruments. How can the Kaduna Governor continue to
ride roguishly on workers’ labour rights and dignity without the
expectation of agitations and confrontation? Who will remind the
‘accidental public servant’ that actions attract consequences? The
displeasure of the striking workers is legally valid, morally
justifiable and logically acceptable. It is naturally expected that
a child violently tortured by the wicked policies of the state
would cry. Indeed, only the guilty are afraid of the power of
industrial actions.

To embark on strike and agitate for a better working condition
and welfare are human rights. It is common knowledge that the
Governor himself rode to power through mass actions and public
demonstrations. So, hiding under some funny laws to persecute those
fighting against oppressive policies harmful to workers cannot
stand the test of constitutional validity. The laws El-Rufai relies
on to haunt Wadda and others are a mere distraction calculated to
dampen the spirit of the labour leaders. For all you care, the
greatest economic saboteurs are those perpetually committed to
treating workers like a pack of trash. Some of them even hide in
the Government House of Kaduna State parading themselves as
‘Honourables’ and ‘Excellencies’.

Without dilly-dally, it is important to call Governor El-Rufai
to order before he sets his tottering State on fire through his
growing lust for highhandedness. The best option to pursue at this
juncture is to listen to the voice of reason by yielding to the
demands of the striking workers. The era of Feudal Lord and Serfs
is long gone in our political history and no amount of intimidation
or oppression can deter a people determined to put an end to his
administration’s atrocities against workers. The supposed
stubbornness of a despot will lie flat in the face of mass action.
Ghonim puts it more rightly when he said “the power of people is
greater than the people in power”. The era of impunity in Kaduna
has come to a resoundingly glorious end.

Aluta continua!

Festus Ogun is a human rights activist and Convener of
the Civil Coalition for Constitutional
Governance. festusogunlaw@gmail.com^[1]  

By Festus Ogun

Governor Nasir El-Rufai of Kaduna State on Tuesday declared the
President of the Nigerian Labour Congress (NLC), Mr. Ayuba Wabba
and other union members wanted for alleged “economic sabotage and
attacks on public infrastructure” in the State. This came a day
after the NLC embarked on its ongoing five-day warning strike
commenced as a result of the unfair treatment of workers in the
State.

To start with, under the legal framework of Nigeria, Governor
Nasir El-Rufai has no such right, power or authority to declare
Ayuba Wadda or any person whatsoever wanted. In my respectful view,
the declaration was reckless, authoritarian, ridiculous, vexing and
grossly disrespectful to our Constitutional ethos. While this
tyrannical disposition remains baffling, the Governor’s gut to
whimsically declare wanted a labour leader, whose only crime was
leading the struggle of the victims of El-Rufai’s oppressive
policies, shows the level of despotism there is in Kaduna
State.

The procedure for declaring a person wanted in Nigeria is quite
clear. First, there must have been a warrant of arrest issued by a
Magistrate, Judge or Justice of Peace. Neither the Police nor a
Governor can issue a warrant of arrest. In effecting the arrest of
a suspect, where it can be established that he or she is on the
run, hiding, absconding, evading or obstructing arrest, then, the
Police can, in partnership with the court, declare a suspect
wanted.

Put simply, making conscious and real efforts at effecting the
arrest of a suspect, by formal invitation or other means, is a
condition precedent to declaring a suspect wanted. Singularly
declaring a suspect wanted without fulfilling the condition
precedent is arbitrary and has no basis in law. My position is
fortified by the provisions of 41 and 42 of the Administration of
Criminal Justice Act, 2015.

Instructively, in the case of Benedict Peters v.
EFCC & Others FCT/HC/CV/23/2017 (Unreported), our
court held that EFCC’s decision to declare Peters wanted, without
first obtaining a court order to that effect or filing a charge
against him in court, was a violation of his fundamental rights,
particularly the right to freedom of movement. If an anti-graft
agency could be restrained from arbitrarily declaring suspects
wanted without lawful justification, one wonders where El-Rufai got
his fictional powers from.

Apparently, a warrant of arrest has not been issued against
Wadda and his comrades – and cannot in fact be issued as a result
of courts closure. As much as we know, no formal invitation has
been extended to him. He is right there on the streets of the
beautiful city of Kaduna; so glaringly that an average man can
easily locate him: He is neither hiding nor evading arrest. If all
these conditions precedent were not met, why would the Governor go
ahead to declare him wanted? That is executive rascality taken too
far. Assuming without conceding that the condition precedents were
met, it lies not in the mouth of El-Rufai to declare Wadda wanted;
only the Police or the security agency concerned can do so having
gotten requisite orders. This Gestapo manner of declaring a
well-known union leader wanted in the heat of a struggle reminds
one of the locust days of Adolf Hitler and the cowardice of baby
tyrants.

With the little law I know, what Wadda and other striking
workers are doing falls within the purview of their fundamental
rights which are well protected and guaranteed under the 1999
Constitution, extant labour laws, regional charters and other
international instruments. How can the Kaduna Governor continue to
ride roguishly on workers’ labour rights and dignity without the
expectation of agitations and confrontation? Who will remind the
‘accidental public servant’ that actions attract consequences? The
displeasure of the striking workers is legally valid, morally
justifiable and logically acceptable. It is naturally expected that
a child violently tortured by the wicked policies of the state
would cry. Indeed, only the guilty are afraid of the power of
industrial actions.

To embark on strike and agitate for a better working condition
and welfare are human rights. It is common knowledge that the
Governor himself rode to power through mass actions and public
demonstrations. So, hiding under some funny laws to persecute those
fighting against oppressive policies harmful to workers cannot
stand the test of constitutional validity. The laws El-Rufai relies
on to haunt Wadda and others are a mere distraction calculated to
dampen the spirit of the labour leaders. For all you care, the
greatest economic saboteurs are those perpetually committed to
treating workers like a pack of trash. Some of them even hide in
the Government House of Kaduna State parading themselves as
‘Honourables’ and ‘Excellencies’.

Without dilly-dally, it is important to call Governor El-Rufai
to order before he sets his tottering State on fire through his
growing lust for highhandedness. The best option to pursue at this
juncture is to listen to the voice of reason by yielding to the
demands of the striking workers. The era of Feudal Lord and Serfs
is long gone in our political history and no amount of intimidation
or oppression can deter a people determined to put an end to his
administration’s atrocities against workers. The supposed
stubbornness of a despot will lie flat in the face of mass action.
Ghonim puts it more rightly when he said “the power of people is
greater than the people in power”. The era of impunity in Kaduna
has come to a resoundingly glorious end.

Aluta continua!

Festus Ogun is a human rights activist and Convener of
the Civil Coalition for Constitutional
Governance. festusogunlaw@gmail.com^[1]