Appeal Court Defers Judgement On El-'Rufai's Appeal Over Bail L Denial
The Court of Appeal sitting in Kaduna has deferred judgment on the appeal filed by former Governor of Kaduna State and minister of Abuja Federal Capital Territory, FCT, Nasir El-Rufai, challenging the refusal of his bail application by the Kaduna State High Court.
The Court of Appeal sitting in Kaduna has deferred judgment on the appeal filed by former Governor of Kaduna State and minister of Abuja Federal Capital Territory, FCT, Nasir El-Rufai, challenging the refusal of his bail application by the Kaduna State High Court.
A three-member panel of the appellate Court led by Justice Onyekachi Aja Otisi deferred judgement on the matter after listening to arguments by counsel for both parties in the dispute over El-Rufai's continued detention without bail, even as no date was announced for the judgement.
This followed submissions of final addresses by lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission, ICPC.
A three-member panel of the appellate Court led by Justice Onyekachi Aja Otisi deferred judgement on the matter after listening to arguments by counsel for both parties in the dispute over El-Rufai's continued detention without bail, even as no date was announced for the judgement.
This followed submissions of final addresses by lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission, ICPC.
The ICPC which is prosecuting the former governor over alleged financial fraud during his administration in Kaduna State asked the Appeal Court to reject El-Rufai’s appeal and uphold the decision of the lower court.
ICPC's lead counsel, Ayodeji Adedipe, told the court that El-Rufai had earlier made three separate attempts to secure bail before the Kaduna State High Court, without success, noting that the appeal before the appellate Court was directed at the ruling on El-Rufai’s second bail application, even as a third application was also rejected by the trial court.
According to Adedipe, the development was important as the defence had not adequately disclosed the outcome of the third application to the appellate court.
His words, “The appellant has filed three applications for bail before the trial court, and all three applications were refused.”
Adedipe further noted that appelant's first application was dismissed by the trial court, while the second application was also rejected after the court found that El-Rufai had not established exceptional circumstances capable of justifying another request for bail, just as the third application was equally unsuccessful, describing the appeal as “unmeritorious,” and hence should be dismissed.
However, El-Rufai’s counsel, Paul Erokoro, SAN, urged the appellate court to set aside the decision of the Kaduna State High Court and grant the former governor bail pending the determination of the substantive case against him.
Erokoro argued that the offences filed against his client were not capital offences and that there was no legal basis for keeping him in custody when the allegations were bailable.
According to Erokoro, “Bail is a constitutional right except in capital offences. There is no justification for keeping the applicant in custody when the offences for which he is standing trial are bailable...
“Access to counsel and witnesses is critical to the preparation of an effective defence."
The senior lawyer then raised concerns about the impact of El-Rufai’s detention on his ability to prepare his defence following his denial of bail.
Erokoro further stressed that continued detention of El-Rufai could affect the former governor’s ability to secure a fair trial even as he also brought the political circumstances surrounding the case before the appellate court.
Describing El-Rufai as a prominent opposition figure, Erokoro argued that the timing of the criminal proceedings, particularly with the 2027 general elections approaching, should not be ignored.
ICPC's lead counsel, Ayodeji Adedipe, told the court that El-Rufai had earlier made three separate attempts to secure bail before the Kaduna State High Court, without success, noting that the appeal before the appellate Court was directed at the ruling on El-Rufai’s second bail application, even as a third application was also rejected by the trial court.
According to Adedipe, the development was important as the defence had not adequately disclosed the outcome of the third application to the appellate court.
His words, “The appellant has filed three applications for bail before the trial court, and all three applications were refused.”
Adedipe further noted that appelant's first application was dismissed by the trial court, while the second application was also rejected after the court found that El-Rufai had not established exceptional circumstances capable of justifying another request for bail, just as the third application was equally unsuccessful, describing the appeal as “unmeritorious,” and hence should be dismissed.
However, El-Rufai’s counsel, Paul Erokoro, SAN, urged the appellate court to set aside the decision of the Kaduna State High Court and grant the former governor bail pending the determination of the substantive case against him.
Erokoro argued that the offences filed against his client were not capital offences and that there was no legal basis for keeping him in custody when the allegations were bailable.
According to Erokoro, “Bail is a constitutional right except in capital offences. There is no justification for keeping the applicant in custody when the offences for which he is standing trial are bailable...
“Access to counsel and witnesses is critical to the preparation of an effective defence."
The senior lawyer then raised concerns about the impact of El-Rufai’s detention on his ability to prepare his defence following his denial of bail.
Erokoro further stressed that continued detention of El-Rufai could affect the former governor’s ability to secure a fair trial even as he also brought the political circumstances surrounding the case before the appellate court.
Describing El-Rufai as a prominent opposition figure, Erokoro argued that the timing of the criminal proceedings, particularly with the 2027 general elections approaching, should not be ignored.
“It is not surprising that criminal charges are being brought against a prominent opposition figure close to an election,” Erokoro added, and urged the appellate court to take a different position from the Kaduna State High Court and exercise its discretion in favour of the former governor.
El-Rufai, who governed Kaduna State between 2015 and 2023, has been facing prosecution by the ICPC over alleged financial infractions said to have been committed during his administration, but the former governor has denied wrongdoing and has challenged aspects of the proceedings and his continued detention.
El-Rufai, who governed Kaduna State between 2015 and 2023, has been facing prosecution by the ICPC over alleged financial infractions said to have been committed during his administration, but the former governor has denied wrongdoing and has challenged aspects of the proceedings and his continued detention.
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