El-Rufai bail battle: Appeal Court reserves judgment as ICPC, Ex-Governor clash

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 appellate court reached the decision on Tuesday after hearing arguments from counsel representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

The case has become another major legal test for the former governor, who is facing corruption-related charges and is seeking temporary freedom to enable him to adequately prepare his defence.

At the hearing, ICPC lead counsel, Ayodeji Adedipe, urged the Court of Appeal to dismiss the former governor’s appeal, arguing that the Kaduna State High Court was right to deny him bail.

Adedipe told the court that El-Rufai had submitted three separate bail applications before the lower court, all of which were rejected.

According to him, the first application was dismissed, while the second was rejected after El-Rufai allegedly failed to demonstrate exceptional circumstances that could justify filing another application.

The ICPC lawyer said a third bail application was subsequently filed and also dismissed by the High Court.

He, however, noted that El-Rufai appealed only against the ruling on the second application.

Adedipe argued that the former governor failed to disclose to the Court of Appeal that his third bail application had also been rejected.

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He therefore urged the appellate court to dismiss the appeal on the grounds that it lacked merit.

But 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 being prosecuted were bailable and did not constitute capital offences.

The senior lawyer maintained that bail was a constitutional right, except in circumstances involving capital offences, stressing that continued detention was undermining his client’s ability to prepare an effective defence.

He argued that El-Rufai’s detention had made it difficult for him to maintain adequate access to his lawyers and witnesses, while also potentially undermining confidential communication with members of his legal team.

The former governor’s lawyer further portrayed El-Rufai as a prominent opposition figure, suggesting that the timing of the criminal proceedings, coming close to an election period, was significant.

Erokoro expressed confidence that the Court of Appeal would take a different position from the High Court and grant his client bail.

After listening to submissions from both sides, Justice Onyekachi Aja Otisi reserved judgment.

No date was announced for the delivery of the judgment.

The decision is expected to determine whether El-Rufai will remain in custody pending the continuation of his trial or secure temporary freedom while the substantive charges against him are determined.