COURT OF APPEAL DISMISSES EL-RUFAI’S BAIL APPEAL

The Court of Appeal in Kaduna has dismissed an appeal by former Kaduna State Governor, Nasir El-Rufai, challenging a decision of the state’s High Court that rejected his fresh application for bail.

The appellate court, in a unanimous judgment delivered on Thursday, held that El-Rufai failed to present fresh and compelling circumstances to justify overturning the lower court’s decision.

The ruling, contained in a Certified True Copy of the judgment obtained on Friday, affirmed the Kaduna State High Court’s decision of June 10, 2026, which denied the former governor’s second bail application.

The lead judgment was delivered by Justice Onyekachi Aja Otisi, alongside Justices Abimbola Obaseki-Adejumo and Lateef Ganiyu, who both concurred.

El-Rufai, who governed Kaduna State between 2015 and 2023, is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over alleged financial offences linked to his administration. He has denied wrongdoing.

Dissatisfied with the High Court’s refusal to grant him bail, the former governor approached the appellate court, arguing that the circumstances surrounding his detention and subsequent return to custody after attending his late mother’s burial warranted his release.

However, the Court of Appeal held that the trial judge acted within the bounds of judicial discretion in refusing the application, noting that the decision was based on the affidavit evidence submitted by both parties.

“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,” Justice Otisi held.

The court also examined the prosecution’s concerns over statements allegedly made by El-Rufai during a televised interview, which it argued could raise questions about possible interference with the administration of justice.

The prosecution reportedly cited an April 26, 2026, interview with Arise Television, during which El-Rufai was alleged to have admitted to wiretapping the telephone line of the National Security Adviser.

According to the judgment, El-Rufai acknowledged participating in the interview and noted that he was facing a separate case relating to the subject matter.

The appellate court, however, clarified that its consideration of the arguments surrounding the interview did not amount to a determination of the former governor’s guilt.

Justice Otisi stressed that El-Rufai remained constitutionally presumed innocent until proven guilty, adding that the trial court’s assessment of the evidence presented in the bail proceedings should not be interpreted as a pronouncement on the criminal charges against him.

The panel also considered El-Rufai’s argument that his return to custody after attending his mother’s burial demonstrated that he was not a flight risk.

He had maintained that his release to attend the burial and subsequent return to custody constituted sufficient grounds for granting him bail.

The prosecution, however, argued that security operatives accompanied and monitored him throughout the burial period.

In its judgment, the appellate court 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.

Justice Otisi said the trial judge could not rely on documents that were not properly presented before the court.

“Courts are not allowed to act on speculations or conjecture to reach a decision, more so in our criminal jurisprudence,” he stated.

The appellate court consequently upheld the lower court’s finding that El-Rufai had not established sufficient grounds to warrant a different decision on his bail application.

It also affirmed the order directing an accelerated hearing of the criminal case, with proceedings to be conducted on a day-to-day basis as far as practicable while the former governor remains in ICPC custody.

The court observed that there was no evidence before it indicating that the prosecution had failed to pursue the case diligently.

It added that El-Rufai could return to the trial court to seek further consideration of his bail application if the prosecution failed to prosecute the case diligently.

In her concurring judgment, Justice Obaseki-Adejumo held that the former governor had not presented fresh and compelling facts to justify a reversal of the lower court’s decision.

“Nothing had changed; therefore, I am unable to agree that a miscarriage of justice had occurred,” she held.

Justice Ganiyu also agreed with the lead judgment, noting that the failure to attach documents relied upon in the bail application weakened El-Rufai’s case.

The ICPC took the former governor into custody in March 2026 following investigations into alleged financial infractions and procurement irregularities during his administration from 2015 to 2023.