The Court of Appeal sitting in Kaduna has dismissed an appeal by former Kaduna State Governor, Nasir El-Rufai, challenging the refusal of a fresh bail application by the Kaduna State High Court. A three-member appellate panel, in a unanimous judgment delivered on Thursday, held that El-Rufai failed to establish fresh facts or special circumstances to warrant interfering with the lower court's decision to deny him bail.
El-Rufai, who governed Kaduna State from 2015 to 2023, is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission over alleged financial offences arising from his administration. The former governor has denied wrongdoing and challenged the circumstances surrounding his continued detention. The Kaduna State High Court had earlier dismissed the bail application filed by the former governor and ordered an accelerated hearing in the matter.
The appellate court held that the lower court acted within its judicial discretion in refusing bail, noting that the decision was properly based on the affidavit evidence presented by both parties. The lead judgment, delivered by Justice Onyekachi Aja Otisi, affirmed the ruling of the Kaduna State High Court, which refused the former governor's second bail application on June 10, 2026.
The prosecution had argued that some of El-Rufai's public remarks during a televised interview raised concerns about possible interference with the course of justice. El-Rufai had admitted during an Arise Television interview on April 26, 2026, to wiretapping the telephone line of the National Security Adviser. The appellate court stressed that its decision did not amount to a finding of guilt, noting that the former governor remained presumed innocent until proven guilty.
The court also considered El-Rufai's argument that his voluntary return to custody after attending his late mother's burial demonstrated that he was not a flight risk. However, the prosecution maintained that he was accompanied and closely monitored by security agents throughout the burial period. The appellate court noted that photographs allegedly showing El-Rufai attending the funeral prayers at the National Mosque in Abuja were referenced in his affidavit but were not attached to the application before the trial court.
The appellate court upheld the lower court's conclusion that El-Rufai had not established that his return to custody was entirely voluntary or that the circumstances justified a different bail decision. It also upheld the order for an accelerated hearing of the criminal trial, with proceedings to be conducted on a day-to-day basis as far as practicable while El-Rufai remained in the custody of the ICPC.
In a concurring judgment, Justice Abimbola Obaseki-Adejumo agreed that the former governor had not presented fresh and compelling facts to justify a different outcome. Justice Lateef Ganiyu also concurred with the lead judgment, holding that the failure to attach documents relied upon in the bail application worked against the appellant's case.
Key points
- The Court of Appeal in Kaduna has dismissed former Kaduna State Governor Nasir El-Rufai's appeal against the refusal of his fresh bail application.
- El-Rufai is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission over alleged financial offences.
- The appellate court's decision did not amount to a finding of guilt, noting that El-Rufai remained presumed innocent until proven guilty.
