COURT OF APPEAL RESERVES JUDGMENT ON EL-RUFAI’S BAIL APPEAL
E-ISSN: 2354-4481
By Rafael Efiong
KADUNA, KADUNA STATE, NIGERIA — The Court of Appeal sitting in Kaduna has reserved judgment in an appeal filed by former Kaduna State Governor, Nasir El-Rufai, challenging the refusal of the Kaduna State High Court to grant him bail.
The three-member panel, led by Justice Onyekachi Otisi, reserved judgment on Tuesday after hearing arguments from counsel representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The appellate court, however, did not announce a date for the delivery of its judgment.
El-Rufai had approached the Court of Appeal seeking an order setting aside the decision of the Kaduna State High Court, which rejected his application for bail in connection with the corruption-related charges filed against him by the ICPC.
During Tuesday’s proceedings, counsel to the ICPC, Ayodeji Adedipe, urged the appellate court to dismiss the former governor’s appeal and uphold the decision of the lower court.
Adedipe argued that the Kaduna State High Court was justified in refusing El-Rufai’s request for bail, stressing that the former governor had previously filed three separate applications seeking his release and that all three applications had been rejected.
The ICPC lawyer further argued that El-Rufai failed to adequately disclose to the Court of Appeal that his third bail application had also been dismissed by the lower court.
According to him, the alleged omission was material to the appeal and should weigh against the former governor’s request for bail.
Adedipe consequently described the appeal as lacking merit and urged the court to reject it.
The ICPC maintained that there was no sufficient basis for the Court of Appeal to interfere with the decision of the Kaduna State High Court, particularly in view of the previous rulings on El-Rufai’s bail applications.
However, counsel to El-Rufai, Paul Erokoro, SAN, urged the appellate court to allow the appeal and order the release of his client on bail pending the determination of the criminal charges against him.
Erokoro argued that the offences for which the former governor is being prosecuted are bailable and do not carry the death penalty.
He therefore submitted that continued detention of El-Rufai was unjustified, particularly where the prosecution had not established sufficient grounds to warrant his continued incarceration.
The senior lawyer also raised concerns about the impact of El-Rufai’s continued detention on his ability to prepare adequately for his defence.
According to him, the former governor’s detention has restricted his access to his legal team, potential witnesses and other resources necessary for the preparation of his defence.
He argued that such restrictions could ultimately affect El-Rufai’s constitutional right to a fair hearing.
The defence further urged the appellate court to consider the circumstances and timing surrounding the charges against the former governor.
Erokoro described El-Rufai as a prominent opposition political figure and argued that the court should take into consideration the political environment surrounding the case, particularly as the country approaches the 2027 general elections.
The defence maintained that the court should focus on the legal principles governing bail rather than allow the political status of the accused person to influence the determination of his application.
El-Rufai, who served as governor of Kaduna State between 2015 and 2023, is facing prosecution by the ICPC over alleged financial offences connected with activities during his administration.
The former governor has denied wrongdoing and has continued to challenge the allegations against him.
The case has attracted significant political and legal attention because of El-Rufai’s prominence in Nigeria’s opposition politics and his previous role as governor of one of the country’s strategically important states.
The former governor’s legal team has consistently maintained that he should be allowed to defend himself from outside detention, arguing that the prosecution has not established sufficient reasons to justify keeping him in custody while the case proceeds.
The prosecution, on the other hand, has opposed the bail request and maintained that the lower court acted properly in refusing the applications.
The latest proceedings before the Court of Appeal therefore centred on whether the Kaduna State High Court was right to refuse El-Rufai’s bail application and whether the circumstances presented by the defence justify appellate intervention.
After listening to submissions from both sides, the three-member panel reserved judgment.
The court did not give a specific date for the judgment, meaning that the parties will have to await further communication from the appellate court on when its decision will be delivered.
Until the Court of Appeal delivers its ruling, the decision of the Kaduna State High Court refusing bail remains in effect.
The outcome of the appeal is expected to determine whether El-Rufai will remain in detention pending the determination of the charges or be released on bail subject to conditions that may be imposed by the court.
For now, the Court of Appeal has concluded arguments on the bail issue and reserved its decision, bringing the latest stage of the legal battle to a close without a final pronouncement.
The former governor remains entitled to the presumption of innocence until proven guilty in accordance with the law.
By Rafael Efiong
