The Court of Appeal sitting in Kaduna has reserved judgement 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. The presiding judge, Justice Onyekachi Aja Otisi, reserved judgement on Tuesday after hearing arguments from lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.
El-Rufai’s lawyer, Paul Erokoro, SAN, urged the appellate court to overturn the decision of the lower court and grant his client bail pending the determination of the charges against him. Erokoro argued that the offences against El-Rufai were bailable and were not capital offences. He maintained that bail was a constitutional right except in cases involving capital offences.
The ICPC lead counsel, Ayodeji Adedipe, urged the appellate court to dismiss the appeal, arguing that the trial court was right to refuse the former governor bail. Adedipe said El-Rufai had filed three separate bail applications before the Kaduna State High Court and all were rejected. According to him, the first application was dismissed, while the second was refused after the former governor failed to establish exceptional circumstances warranting another application.
Adedipe further stated that a third application was subsequently filed and also dismissed, but El-Rufai appealed only against the ruling on the second application. He argued that the former governor failed to disclose to the Court of Appeal that the third bail application had also been refused. He therefore asked the court to dismiss the appeal for lacking merit.
Erokoro described El-Rufai as a prominent opposition figure, arguing that the filing of criminal charges against him close to an election was not surprising. He expressed confidence that the Court of Appeal would take a different position from the High Court and grant the former governor bail. Erokoro also stated that keeping El-Rufai in custody was affecting his ability to adequately prepare his defence.
The senior lawyer said El-Rufai’s detention had made access to his lawyers and witnesses difficult and could affect confidential communication between him and his legal team. After hearing submissions from both sides, Justice Otisi reserved judgement. No date was fixed for the ruling.
The case against El-Rufai relates to allegations of corruption during his tenure as governor. The ICPC had arraigned him on charges of corruption and other related offences. El-Rufai’s medical report and his ability to stand trial have also been part of the discussions in court.
Key points
- The Court of Appeal will decide on El-Rufai's bail application.
- El-Rufai's lawyer argues that his detention affects his ability to prepare his defence.
- The ICPC urges the court to dismiss the appeal.
