The Court of Appeal sitting in Kaduna has reserved judgment in former Kaduna State Governor Nasir El-Rufai’s appeal 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 El-Rufai’s legal team and the Independent Corrupt Practices and Other Related Offences Commission, ICPC.
The appellate court, however, did not announce a date for delivering its judgment, leaving El-Rufai’s immediate legal status unchanged pending the ruling.
ICPC lead counsel Ayodeji Adedipe urged the court to dismiss the appeal, arguing that the Kaduna State High Court was right to refuse the former governor’s request for bail.
Adedipe told the court that El-Rufai had filed three separate bail applications before the trial court and that all three had been rejected.
According to the ICPC lawyer, the first application was dismissed, while the second was rejected after El-Rufai allegedly failed to establish exceptional circumstances that would justify another bail request.
He further said a third bail application was subsequently filed and also dismissed by the High Court, but that El-Rufai’s appeal before the Court of Appeal challenged the decision relating to the second application.
The prosecution argued that the defence had failed to disclose to the appellate court that the third bail application had also been rejected.
Adedipe consequently described the appeal as lacking merit and asked the Court of Appeal to uphold the lower court’s decision.
El-Rufai’s counsel, Senior Advocate of Nigeria Paul Erokoro, however, urged the appellate court to overturn the High Court’s decision and grant his client bail pending the determination of the criminal charges against him.
Erokoro argued that the offences for which El-Rufai is being prosecuted are bailable and do not carry capital punishment.
The senior lawyer maintained that bail is a constitutional right in circumstances where the offences involved are bailable and argued that there was no sufficient justification for keeping the former governor in custody.
He also told the court that continued detention was making it difficult for El-Rufai to adequately prepare his defence.
According to the defence, restrictions on the former governor’s access to his lawyers and witnesses could affect his ability to prepare for trial and maintain confidential communication with his legal team.
Erokoro further argued that the court should consider El-Rufai’s political profile and the timing of the charges, noting that his client is a prominent opposition figure.
The defence lawyer suggested that the fact that the criminal proceedings came close to the 2027 general elections should be considered by the court when determining the bail application.
That argument was presented as part of the defence’s broader case for temporary release and was not a finding by the court that the prosecution was politically motivated.
El-Rufai, who served as Kaduna State governor from 2015 to 2023, is facing prosecution by the ICPC over alleged financial offences connected to his administration.
The former governor has denied wrongdoing and is challenging aspects of his continued detention through the courts.
The criminal case has attracted significant political attention because of El-Rufai’s position as a former governor and his continued involvement in opposition politics ahead of the 2027 elections.
The ICPC, however, has maintained that the matter is before the courts and has urged the judiciary to determine the issues based on the applicable law and circumstances of the case.
The latest hearing therefore centred specifically on whether the former governor should be released on bail while the substantive criminal proceedings continue, rather than determining his guilt or innocence on the allegations.
The Court of Appeal’s decision will determine whether the High Court’s refusal of bail remains in place or whether El-Rufai will be granted temporary freedom pending the continuation of his trial.
Until the judgment is delivered, neither side has secured a final ruling on the appeal.
The absence of a scheduled judgment date means the former governor’s legal team and the prosecution will have to await further direction from the appellate court.
The case is unfolding against a politically sensitive period as parties and political actors intensify preparations for Nigeria’s 2027 general elections.
El-Rufai’s bail dispute is therefore being closely watched not only for its immediate legal implications but also because of the former governor’s prominence in the country’s opposition political landscape.
For now, the Court of Appeal has concluded arguments on the bail appeal and reserved its decision, with the eventual ruling expected to clarify whether El-Rufai will remain in custody or be released while the charges against him are determined.