COURT DISMISSES EL-RUFAI’S BAIL APPEAL
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By ‘Sefiu Ajape
The Court of Appeal in Kaduna has dismissed an appeal by former Kaduna State Governor, Nasir El-Rufai, challenging the refusal of his fresh bail application by the Kaduna State High Court.
The three-member appellate panel, in a unanimous judgment delivered on Thursday, held that El-Rufai failed to present fresh facts or special circumstances to justify overturning the lower court’s decision.
According to a Certified True Copy of the judgment obtained by our correspondent on Friday, the lead judgment, delivered by Justice Onyekachi Aja Otisi, affirmed the Kaduna State High Court’s ruling of June 10, 2026, which rejected the former governor’s second bail application.
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. He has denied wrongdoing and challenged the circumstances surrounding his continued detention.
Following the high court’s refusal to grant bail and its order for an accelerated hearing, the former governor approached the Court of Appeal to challenge the decision.
However, the appellate court held that the trial court acted within its discretion, noting that its decision was based on the affidavit evidence presented by both parties.
Delivering the lead judgment, Otisi said, “There is no merit in this Appeal. It fails and is hereby dismissed. The ruling of the lower Court delivered on 10/6/2026 is hereby affirmed.”
The appellate court also considered the prosecution’s concerns that some of El-Rufai’s public remarks, including comments during a televised interview, could raise questions about possible interference with the course of justice.
The prosecution had told the court that the former governor spoke about defending his political legacy against those allegedly seeking to criminalise him. It further alleged that, during an Arise Television interview on April 26, 2026, El-Rufai admitted to wiretapping the telephone line of the National Security Adviser.
According to the judgment, El-Rufai acknowledged participating in the interview and facing a separate trial relating to the subject matter.
The appellate court, however, stressed that its consideration of the evidence surrounding the bail application did not amount to a determination of the former governor’s guilt.
Otisi stated, “Now, without doubt, by unequivocal constitutional provisions, the Appellant is presumed innocent until proven guilty.”
He added that the trial court’s assessment of affidavit evidence concerning the possibility of interference with justice did not constitute a pronouncement of guilt.
The court also examined El-Rufai’s argument that his return to custody after attending his late mother’s burial demonstrated that he was not a flight risk.
The former governor had maintained that his release to attend the burial and subsequent return to custody constituted compelling grounds for granting him bail.
The prosecution, however, argued that security agents accompanied and closely monitored him throughout the burial.
The appellate court further noted that photographs allegedly showing El-Rufai attending funeral prayers at the National Mosque in Abuja were referenced in his affidavit but were not attached to the application before the trial court.
Otisi said the trial judge could not speculate about what the photographs might have shown.
He stated, “Courts are not allowed to act on speculations or conjecture to reach its decision, more so in our criminal jurisprudence.”
Consequently, 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 warranted a different bail decision.
The panel also affirmed the order for an accelerated hearing of the criminal trial, directing that proceedings be conducted on a day-to-day basis as far as practicable while El-Rufai remained in ICPC custody.
The court noted that no evidence had been presented to establish that the prosecution had failed to diligently pursue the case.
Otisi added that the former governor could return to the trial court to seek further consideration of his bail application if the prosecution failed to prosecute the case diligently.
In a concurring opinion, Justice Abimbola Obaseki-Adejumo agreed that El-Rufai had not presented fresh and compelling facts to warrant a different decision.
She said, “Nothing had changed; therefore, I am unable to agree that a miscarriage of justice had occurred.”
Justice Lateef Ganiyu also concurred with the lead judgment, holding that the failure to attach documents relied upon in the bail application weakened the appellant’s case.
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