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.
The three-member panel, led by Justice Onyekachi Otisi, reserved judgment after listening to arguments from counsel to El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.
The court, however, did not fix a date for the delivery of the judgment.
Speaking shortly after the court session, ICPC lead counsel, Ayodeji Adedipe, argued that the Kaduna State High Court was right to refuse El-Rufai’s bail application and urged the Court of Appeal to dismiss the appeal.
Adedipe said the former governor had filed three separate bail applications before the trial court, all of which were refused.
He said, “The appellant has filed three applications for bail before the trial court, and all three applications were refused.”
According to him, the first application was dismissed, while the second was also rejected after El-Rufai failed to establish any exceptional circumstance to warrant another bail application.
He said a third bail application was subsequently filed and also dismissed by the trial court, but El-Rufai chose to appeal against the ruling on the second application.
The ICPC counsel argued that the former governor failed to disclose to the Court of Appeal that the third application had equally been refused.
Adedipe consequently 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 decision of the lower court 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 not capital offences.
He said, “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.”
The Senior Advocate argued that continued detention was making it difficult for his client to adequately prepare his defence.
He said El-Rufai’s detention had restricted his access to his lawyers and witnesses, potentially affecting confidential communication between the former governor and his legal team.
Erokoro said, “Access to counsel and witnesses is critical to the preparation of an effective defence,” adding that continued detention could prejudice El-Rufai’s right to a fair trial.
The defence counsel also described El-Rufai as a prominent opposition figure, arguing that the timing of the criminal charges, coming close to the 2027 general elections, should be considered by the court.
“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 take a different view from the Kaduna State High Court 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 arising from his administration.
The former governor has denied wrongdoing and challenged the circumstances surrounding his continued detention.
The ICPC had filed charges against El-Rufai and some former officials of the state government under his administration over alleged financial infractions.
The case has generated 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 the former governor should remain in custody in accordance with the law.
After hearing submissions from both sides, Justice Otisi reserved judgment without fixing a date for its delivery.
