By Onoja Baba
The High Court of Kaduna State has again refused to grant bail to former Kaduna State Governor, Nasir Ahmad El-Rufai, in the ongoing criminal trial instituted against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Justice D. H. Khobo, in a considered ruling delivered on Monday, dismissed El-Rufai’s third bail application, which was predicated on medical grounds.
The court’s decision centred on the authenticity and credibility of a medical report tendered by the former governor in support of his application.
The report, marked as Exhibit “A” and purportedly issued by the National Hospital Abuja, claimed that El-Rufai had been diagnosed with advanced metastatic prostate cancer requiring specialised treatment allegedly unavailable anywhere in Nigeria.
However, the ICPC challenged the document, presenting evidence from the Chief Medical Director of the hospital, Muhammad Raji Mahmud, who disowned the report.
According to the commission, the hospital conducted a comprehensive search of its electronic medical records and patient database but found no hospital number, patient file, consultation history, billing record or any evidence indicating that El-Rufai had ever received treatment at the facility.
The hospital further stated that the medical report was issued without the knowledge or authorisation of its management.
Relying on the evidence presented by the prosecution, the court held that the credibility of the medical report had been fundamentally undermined, noting that a document formally disowned by the institution whose letterhead it bore could not serve as the basis for granting the exceptional relief of bail on medical grounds.
Justice Khobo consequently ruled that the evidentiary basis of the application had collapsed, leaving the court without reliable and institutionally verified facts to justify the exercise of its discretion in favour of the defendant.
Despite refusing the application, the court ordered the ICPC to continue granting El-Rufai unrestricted access to his personal medical doctors and ensure that he is escorted to any specialised diagnostic or clinical facility of his choice within Nigeria whenever necessary throughout the duration of the trial.
The anti-corruption agency said the directive was consistent with its existing practice and reaffirmed its commitment to complying fully with the court’s orders.
Reacting to the ruling, the ICPC said the decision reaffirmed the legal principle that applications for bail on medical grounds must be supported by credible, verifiable and authentic evidence before they can be granted.
The commission also reiterated its commitment to conducting investigations and prosecutions professionally, fairly and in accordance with the rule of law, while ensuring that every defendant enjoys the constitutional rights guaranteed under Nigerian law.
The criminal proceedings against El-Rufai are among several high-profile corruption cases currently before Nigerian courts, with the ICPC maintaining that its prosecution is being conducted strictly within the confines of the law.
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