NIGERIA: Appeal Court Reserves Judgment On El-Rufai’s Bail Application

By Onoja Baba

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.

The presiding judge, Justice Onyekachi Aja Otisi, reserved judgment on Tuesday after hearing arguments from lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.

Counsel to the ICPC, Ayodeji Adedipe, urged the appellate 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 refused.

According to him, the first application was dismissed, while the second was rejected after El-Rufai failed to demonstrate any exceptional circumstances warranting another application.

He said although the third bail application was subsequently filed and also dismissed, El-Rufai appealed against the ruling on the second application.

The ICPC counsel argued that the former governor failed to disclose to the Court of Appeal that his third bail application had also been rejected, describing the appeal as unmeritorious and urging the court to dismiss it.

However, El-Rufai’s counsel, Paul Erokoro, SAN, urged the court 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 was charged were bailable and did not attract capital punishment, insisting that there was no justification for keeping his client in custody.

The senior lawyer maintained that bail was a constitutional right except in capital offences and argued that El-Rufai’s continued detention in ICPC custody was making it difficult for him to adequately prepare his defence.

He said the detention had restricted El-Rufai’s access to his lawyers and witnesses and could undermine confidential communication between the former governor and his legal team.

Erokoro also described El-Rufai as a prominent opposition figure, arguing that the timing of the criminal charges, coming close to an election, raised concerns.

He expressed optimism that the Court of Appeal would take a different position from the High Court and grant the former governor bail.

After listening to arguments from both sides, Justice Otisi reserved judgment on the appeal but did not announce a date for its delivery.

El-Rufai served as governor of Kaduna State from 2015 to 2023.