The Court of Appeal sitting in Kaduna has reserved judgment in the appeal filed by former Kaduna State Governor, Nasir El-Rufai, challenging the refusal of his bail application by the Kaduna State High Court.
A three-member panel led by Justice Onyekachi Aja Otisi reached the decision after hearing arguments from both sides in the ongoing legal battle over the former governor’s continued detention.
The appellate court did not announce a date for the delivery of its judgment.
The development followed submissions by lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission, ICPC, which is prosecuting the former governor over alleged financial offences linked to his administration in Kaduna State.
The ICPC asked the Court of Appeal to reject El-Rufai’s appeal and uphold the decision of the lower court.
Its lead counsel, Ayodeji Adedipe, told the court that the former governor had made three separate attempts to secure bail before the Kaduna State High Court.
According to him, none of the applications was successful.
Adedipe argued that the appeal before the Court of Appeal was directed at the ruling on El-Rufai’s second bail application, despite the fact that a third application had subsequently been filed and rejected by the trial court.
He maintained that the development was important because the defence had not adequately disclosed the outcome of the third application to the appellate court.
He said, “The appellant has filed three applications for bail before the trial court, and all three applications were refused.”
The prosecution counsel further explained that the first application was dismissed by the trial court.
The second application was also rejected after the court found that El-Rufai had not established exceptional circumstances capable of justifying another request for bail.
The third application was later brought before the court but was equally unsuccessful.
Adedipe consequently described the appeal as “unmeritorious” and urged the Court of Appeal to dismiss it.
The ICPC’s position is that the decision of the Kaduna State High Court should not be disturbed, particularly as the prosecution has maintained that the circumstances surrounding the case justify the former governor remaining in custody pending the continuation of the proceedings.
The defence, however, took a different position.
El-Rufai’s counsel, Paul Erokoro, SAN, asked the appellate court to set aside the decision of the Kaduna State High Court and grant the former governor bail pending the determination of the charges against him.
Erokoro argued that the offences filed against his client were not capital offences and that there was no legal basis for keeping him in custody when the allegations were bailable.
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 lawyer also raised concerns about the impact of El-Rufai’s detention on his ability to prepare his defence.
According to him, the former governor needs regular access to his lawyers and witnesses to properly respond to the allegations against him.
Erokoro said, “Access to counsel and witnesses is critical to the preparation of an effective defence,” stressing that continued detention could affect the former governor’s ability to secure a fair trial.
The defence also brought the political circumstances surrounding the case before the appellate court.
Erokoro described El-Rufai as a prominent opposition figure and argued that the timing of the criminal proceedings, particularly with the 2027 general elections approaching, should not be ignored.
He said, “It is not surprising that criminal charges are being brought against a prominent opposition figure close to an election.”
The defence counsel urged the appellate court to take a different position from the Kaduna State High Court and exercise its discretion in favour of the former governor.
El-Rufai, who governed Kaduna State between 2015 and 2023, has been facing prosecution by the ICPC over alleged financial infractions said to have occurred during his administration.
The former governor has denied wrongdoing and has challenged aspects of the proceedings and his continued detention.
The case has gone through several stages since his arrest and arraignment, with bail becoming one of the major issues contested by both sides.
In April, the Kaduna State High Court refused an earlier bail application, with the court holding that the circumstances presented before it did not justify releasing the former governor.
The court subsequently directed that the case be given accelerated hearing.
El-Rufai later made another attempt to secure his release.
The Kaduna State High Court again rejected the application in June after considering the grounds relied upon by the defence.
That application was also connected to medical concerns raised by the former governor’s legal team.
The ICPC opposed the application and questioned the evidence placed before the court in support of the medical claims.
The former governor’s legal battle over his detention has therefore continued alongside the substantive criminal case.
There was also a separate development in April when another court in Kaduna granted El-Rufai bail in a different criminal matter involving alleged financial offences.
The bail was fixed at N200 million with two sureties, subject to conditions imposed by the court.
However, the separate proceedings and subsequent developments have meant that the issue of El-Rufai’s liberty remains before the courts.
The latest appeal now places the question of his bail before the Court of Appeal.
The appellate court is expected to determine whether the lower court was right to reject the application and whether the circumstances of the case justify releasing the former governor pending trial.
For now, El-Rufai remains without a decision from the appellate court.
After listening to the arguments from both the prosecution and defence, Justice Otisi reserved judgment.
Nonetheless, No date was given for when the Court of Appeal will deliver its ruling.