The Court of Appeal sitting in Kaduna on Tuesday reserved judgment in an appeal filed by former Kaduna State Governor Nasir El-Rufai, challenging the refusal of his bail application by the Kaduna State High Court.
A three-member panel led by Justice Onyekachi Otisi reserved judgment after hearing arguments from counsel representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The court did not, however, fix a date for the delivery of its judgment.
Speaking after the proceedings, ICPC lead counsel, Ayodeji Adedipe, urged the Court of Appeal to dismiss the appeal, arguing that the Kaduna State High Court was right to refuse El-Rufai’s bail application.
Adedipe told the court that El-Rufai had filed three separate bail applications before the trial court, all of which were rejected.
“The appellant has filed three applications for bail before the trial court, and all three applications were refused,” he said.
According to the ICPC counsel, the first application was dismissed, while the second was rejected after El-Rufai failed to establish any exceptional circumstance to justify another application for bail.
He said the former governor subsequently filed a third bail application, which was also dismissed by the trial court. However, El-Rufai appealed against the ruling on the second application.
Adedipe argued that El-Rufai failed to disclose to the Court of Appeal that his third bail application had also been rejected by the lower court.
He therefore described the appeal as “unmeritorious” and urged the appellate court to dismiss it.
However, El-Rufai’s counsel, Paul Erokoro, SAN, urged the court to overturn the lower court’s decision and grant his client bail pending the determination of the charges against him.
Erokoro argued that the offences for which El-Rufai was charged were bailable and did not attract the death penalty.
“Bail is a constitutional right except in capital offences. There is no justification for keeping the applicant in custody when the offences for which he is standing trial are bailable,” he said.
The Senior Advocate further argued that El-Rufai’s continued detention was making it difficult for him to adequately prepare his defence.
According to Erokoro, his client’s detention had restricted his access to lawyers and witnesses, potentially affecting confidential communication with his legal team.
“Access to counsel and witnesses is critical to the preparation of an effective defence,” he said, adding that continued detention could prejudice El-Rufai’s right to a fair trial.
The defence counsel also argued that El-Rufai’s status as a prominent opposition figure should be considered, particularly given the timing of the criminal proceedings ahead of the 2027 general elections.
“It is not surprising that criminal charges are being brought against a prominent opposition figure close to an election,” Erokoro said.
He urged the appellate court to overturn the Kaduna State High Court’s decision and grant the former governor bail.
El-Rufai, who governed Kaduna State from 2015 to 2023, is being prosecuted by the ICPC over alleged financial offences linked to his administration. He has denied wrongdoing and challenged the circumstances surrounding his continued detention.
The ICPC filed charges against El-Rufai and some former officials of the Kaduna State Government over alleged financial infractions during his administration.
The case has attracted political reactions, with some supporters and opposition figures calling for the former governor’s release and questioning his continued detention. The prosecution, however, has maintained that the matter is before the court and that El-Rufai should remain in custody in accordance with the law.
After hearing submissions from both sides, the Court of Appeal reserved judgment without fixing a date for its delivery.
