A Kaduna State High Court has refused the bail application of former governor Nasir El-Rufai, ruling that he should remain in custody pending the commencement of his trial.
Delivering the ruling on April 21, the presiding judge, Darius Khobo, held that keeping the defendant in custody was in the interest of justice to ensure his availability for trial.
El-Rufai is facing a nine-count charge filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), bordering on alleged conferment of benefit under false pretences and dishonest handling of loan funds. He has pleaded not guilty to all charges.
Proceedings were held behind closed doors, with journalists barred from the courtroom. Reports of the hearing were therefore based on accounts from legal counsel, while a certified true copy of the ruling has since been obtained.
In his decision, the judge noted that the bail application was supported by a 24-paragraph affidavit, in which the defence argued that the charges were non-capital and that the former governor has strong community ties. The defence also stated that El-Rufai voluntarily returned to Nigeria, challenged the validity of the charges, and cited health concerns requiring specialist attention.
However, the ICPC opposed the application, filing a counter-affidavit in which it described the alleged offences as economically damaging. The commission argued that there was a risk the defendant could interfere with witnesses and ongoing investigations involving other suspects still at large.
The prosecution further alleged that El-Rufai had previously obstructed law enforcement officers at an airport in Abuja and described him as a potential flight risk due to his status and access to resources. It also told the court that no medical evidence was provided to support claims of ill health.
Counsel to the defendant, Ubong Akpan, urged the court to grant bail based on constitutional provisions favouring personal liberty. But counsel to the ICPC, Osuobeni Akponimisingha, argued that the seriousness of the charges and the risk of interference justified continued detention.
In his ruling, Justice Khobo said the application relied heavily on El-Rufai’s status as a former public office holder, describing that status as a “double-edged sword.” He added that the prosecution’s concerns about possible interference with investigations were significant.
The court also held that the defendant failed to file a further affidavit to challenge the prosecution’s claims, thereby leaving them uncontroverted and deemed admitted. On the issue of health, the judge ruled that no credible medical evidence was presented to support the claim.
Consequently, the court denied the bail application and ordered that El-Rufai remain in ICPC custody pending trial. The court also directed that the case be given accelerated hearing.
Following the ruling, both parties agreed that the trial would commence in early June. The matter was adjourned to June 1, 2, 3 and 4, 2026.
