The Court of Appeal in Kaduna has upheld the state high court's decision to deny former Kaduna State Governor Nasir El-Rufai bail. In a unanimous decision, a three-member appellate panel affirmed the ruling of the lower court, which refused El-Rufai's second bail application on June 10. The court held that the trial judge exercised his discretion judicially and judiciously, with no miscarriage of justice.
The appellate court dismissed an appeal filed by El-Rufai, challenging the decision of the Kaduna State High Court to deny him bail. The court also struck out El-Rufai's reply brief filed on September 29, describing it as incompetent. The lead judgement, delivered by Justice Onyekachi Aja-Otisi, resolved the sole issue for determination against El-Rufai and in favour of the Federal Republic of Nigeria.
The court held that it would not interfere with a trial court's findings of fact where they were not shown to be perverse. The appellate court dismissed the appeal for lack of merit. The substantive trial has been scheduled to commence on October 12, 2026. El-Rufai's ongoing prosecution by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) stems primarily from recommendations in a 2024 Kaduna State House of Assembly probe report.
The 2024 Kaduna State House of Assembly probe report accused El-Rufai's 2015-2023 administration of mismanaging public funds. The ICPC filed multiple charges against El-Rufai in federal and state courts, including one alleging that he tapped the phone of the National Security Adviser, Nuhu Ribadu. El-Rufai has pleaded not guilty to all charges, maintaining that his prosecution is politically motivated.
El-Rufai has been in ICPC detention since February 18. He remains in custody under court-authorised remand orders while his legal team challenges his continued detention. The development comes days after Justice Darious Khobo of the Kaduna State High Court rejected El-Rufai's bail and recusal applications.
The ICPC's investigation into El-Rufai's administration began after the Kaduna State House of Assembly probe report. The report's findings led to the filing of multiple charges against El-Rufai and other officials. El-Rufai's lawyers have argued that his detention is unlawful and that he is being prosecuted for political reasons.
The Court of Appeal's decision marks a significant setback for El-Rufai's legal team. The former governor will have to remain in detention pending the outcome of his trial. The trial's commencement on October 12 is expected to shed more light on the allegations against El-Rufai and his administration.
Key points
- The Court of Appeal upheld the denial of El-Rufai's bail application.
- El-Rufai's trial is set to commence on October 12, 2026.
- El-Rufai has been in ICPC detention since February 18.
