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 his bail application by the Kaduna State High Court.
A three-member panel led by Justice Onyekachi Otisi reserved judgment on Tuesday after hearing arguments from lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.
The court did not announce a date for the delivery of its judgment.
Counsel to the ICPC, Ayodeji Adedipe, urged the appellate court to dismiss the appeal, arguing that the Kaduna State High Court was right to deny El-Rufai bail.
Adedipe said El-Rufai had filed three separate bail applications before the trial court, all of which were rejected.
He argued that the former governor had failed to disclose to the Court of Appeal that his third bail application had also been dismissed.
The ICPC counsel therefore described the appeal as unmeritorious and urged the court to uphold the decision of the lower court.
However, El-Rufai’s counsel, Paul Erokoro, SAN, asked the Court of Appeal to overturn the lower court’s decision and grant his client bail pending the determination of the charges against him.
Erokoro argued that the offences for which El-Rufai is being prosecuted are bailable and do not attract the death penalty.
“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,” he said.
The defence counsel further argued that continued detention was affecting El-Rufai’s ability to prepare his defence by restricting his access to lawyers and witnesses.
He said effective communication between a defendant and his legal team was essential to ensuring a fair trial.
Erokoro also urged the court to consider the political context surrounding the case, arguing that the charges against El-Rufai were filed close to the 2027 general elections.
“It is not surprising that criminal charges are being brought against a prominent opposition figure close to an election,” he said.
El-Rufai, who served as Kaduna State governor from 2015 to 2023, is being prosecuted by the ICPC over alleged financial offences linked to his administration.
The former governor has denied wrongdoing and challenged the circumstances surrounding his continued detention.
The ICPC has also charged some former officials of the Kaduna State Government over alleged financial infractions.
The case has attracted political reactions, with supporters and opposition figures calling for El-Rufai’s release, while the prosecution has maintained that the matter should be determined through the judicial process.
After hearing submissions from both sides, the appellate panel reserved judgment without fixing a date for its delivery.
