By Sandra Kenneth
The Court of Appeal sitting in Kaduna has dismissed an appeal filed by former Kaduna State Governor, Nasir El-Rufai, challenging the Kaduna State High Court’s refusal of his fresh bail application.
In a unanimous judgment delivered by a three-member appellate panel, the court held that the former governor failed to establish fresh facts or special circumstances to warrant interfering with the lower court’s decision.
The lead judgment, delivered by Justice Onyekachi Aja Otisi on Thursday, affirmed the ruling of the Kaduna State High Court, which had dismissed El-Rufai’s second bail application on June 10, 2026.
Key Highlights of the Ruling:
Judicial Discretion: The appellate court ruled that the lower court acted well within its judicial discretion, basing its decision properly on the affidavit evidence presented by both parties.
Public Remarks and Justice Interference: The court noted arguments from the prosecution regarding El-Rufai’s public statements during a televised interview—including remarks about defending his political legacy and references to an April 2026 Arise Television interview—raising concerns about potential interference with the course of justice.
Presumption of Innocence: Justice Otisi explicitly stressed that the appellate court’s evaluation of the affidavit evidence did not amount to a pronouncement of guilt, reiterating that the appellant remains fully presumed innocent under constitutional provisions.
Flight Risk and Documentation: Addressing the defense’s argument that El-Rufai’s voluntary return to custody after attending his late mother’s burial proved he was not a flight risk, the court pointed out that photographs referenced in the affidavit were never actually attached to the trial application. Justice Otisi stated that courts cannot act on speculation or conjecture.
Accelerated Hearing: The appellate court upheld the order for an accelerated, day-to-day hearing of the criminal trial while El-Rufai remains in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC). However, the panel noted that the former governor reserves the right to return to the trial court should the prosecution fail to pursue the case diligently.
Justices Abimbola Obaseki-Adejumo and Lateef Ganiyu both concurred with the lead judgment, emphasizing that no miscarriage of justice had occurred and that the failure to attach relied-upon documents worked against the appellant’s case.
El-Rufai, who governed the state from 2015 to 2023, was taken into custody by the ICPC in March 2026 following investigations into alleged financial infractions and procurement irregularities during his tenure. He has consistently denied any wrongdoing.
