The Court of Appeal sitting in Kaduna has reserved judgement on 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 judgement after hearing arguments from lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.
The court did not fix a date for delivering the judgement.
ICPC opposes El-Rufai’s bail appeal
ICPC lead counsel, Ayodeji Adedipe, urged the appellate court to dismiss the appeal, arguing that the Kaduna State High Court was right to refuse El-Rufai’s bail application.
Adedipe said the former governor had filed three separate bail applications before the trial court and that all three had been rejected.
According to him, the first application was dismissed, while the second was refused after El-Rufai failed to establish exceptional circumstances to justify another bail application.
The ICPC counsel said El-Rufai subsequently filed a third bail application, which was also dismissed. However, he appealed against the ruling on the second application.
Adedipe argued that the former governor failed to disclose to the Court of Appeal that the third bail application had also been rejected.
He therefore described the appeal as unmeritorious and urged the appellate court to dismiss it.
El-Rufai’s lawyer seeks bail
However, counsel to El-Rufai, 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 carry the death penalty.
He maintained that bail was a constitutional right except in capital offences and questioned the continued detention of his client.
The senior lawyer also argued that El-Rufai’s detention was making it difficult for him to adequately prepare his defence.
According to Erokoro, the former governor’s continued custody had restricted his access to lawyers and witnesses and could affect confidential communication with his legal team.
He further described El-Rufai as a prominent opposition figure and argued that the timing of the criminal charges, coming close to the 2027 general elections, should be considered by the court.
Erokoro expressed hope that the Court of Appeal would overturn the High Court’s decision and grant the former governor bail.
Court reserves judgement
After hearing submissions from both sides, Justice Otisi reserved judgement in the appeal.
The court did not announce a date for the ruling.
El-Rufai, who served as Kaduna State governor from 2015 to 2023, is facing corruption-related proceedings brought by the ICPC. The former governor has denied wrongdoing.