Appeal Court Affirms High Court Ruling Against El-Rufai, Dismisses El-Rufai Bail Appeal Over Lack of Fresh Facts
The Court of Appeal sitting in Kaduna has dismissed an appeal by former Kaduna State Governor Nasir El-Rufai challenging the refusal of his fresh bail application by the Kaduna State High Court, affirming the lower court’s decision to keep him in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) pending trial.
In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court held that El-Rufai failed to present fresh facts or special circumstances sufficient to justify overturning the lower court’s decision.
According to a Certified True Copy of the judgment obtained by our correspondent on Friday, the lead judgment was delivered by Justice Onyekachi Aja Otisi, who affirmed the Kaduna State High Court’s ruling of June 10, 2026, rejecting the former governor’s second bail application.
El-Rufai, who governed Kaduna State from 2015 to 2023, is being prosecuted by the ICPC over alleged financial offences linked to his administration. He has denied wrongdoing and challenged the circumstances surrounding his continued detention.
The Kaduna State High Court had earlier rejected his bail application and ordered an accelerated hearing of the criminal case. Dissatisfied with the ruling, the former governor approached the Court of Appeal.
In dismissing the appeal, the appellate court held that the trial court acted within its judicial discretion and properly considered the affidavit evidence presented by both the prosecution and the defence.
“There is no merit in this appeal; it fails and is hereby dismissed. The ruling of the lower court delivered on 10/6/2026 is hereby affirmed,” Otisi held.
The appellate court also considered the prosecution’s argument that some of El-Rufai’s public remarks during a televised interview raised concerns about possible interference with the course of justice.
The prosecution told the court that the former governor had made public statements about defending his political legacy against individuals allegedly seeking to criminalise him.
It further alleged that El-Rufai admitted during an Arise Television interview on April 26, 2026, to wiretapping the telephone line of the National Security Adviser.
According to the judgment, El-Rufai acknowledged participating in the interview and noted that he was facing a separate trial relating to the subject matter.
However, the Court of Appeal stressed that its consideration of the prosecution’s arguments did not amount to a determination of guilt, emphasising that the former governor remained constitutionally presumed innocent until proven guilty.
“Now, without doubt, by unequivocal constitutional provisions, the appellant is presumed innocent until proven guilty,” Otisi stated.
The judge added that the trial court’s assessment of the affidavit evidence concerning the potential interference with justice did not constitute a pronouncement of guilt against El-Rufai.
The appellate court also examined the former governor’s argument that his voluntary return to custody after attending his late mother’s burial demonstrated that he was not a flight risk.
El-Rufai had argued that his release to attend the burial and subsequent return to custody constituted compelling grounds for granting him bail.
The prosecution, however, maintained that security agents accompanied and closely monitored him throughout the burial period.
The court further noted that photographs allegedly showing El-Rufai attending funeral prayers at the National Mosque in Abuja were referenced in his affidavit but were not attached to the bail application submitted before the trial court.
Otisi said the trial judge could not speculate about what the photographs might have shown.
“Courts are not allowed to act on speculations or conjecture to reach a decision, more so in our criminal jurisprudence,” he said.
Consequently, the appellate court upheld the lower court’s conclusion that El-Rufai had not established that his return to custody was entirely voluntary or that the circumstances surrounding the burial warranted a different bail decision.
The court also upheld the order directing an accelerated hearing of the criminal trial, with proceedings to be conducted daily, as far as practicable, while the former governor remained in ICPC custody.
The appellate panel noted that no evidence had been presented to establish that the prosecution had failed to pursue the case diligently.
Otisi added that El-Rufai could return to the trial court to seek further consideration of his bail application if the prosecution failed to prosecute the case diligently.
In a concurring judgment, Justice Abimbola Obaseki-Adejumo agreed that the former governor had failed to present fresh and compelling facts to justify a different outcome.
“Nothing had changed; therefore, I am unable to agree that a miscarriage of justice had occurred,” she held.
Justice Lateef Ganiyu also concurred with the lead judgment, holding that the failure to attach documents relied upon in the bail application weakened El-Rufai’s case.
The ICPC took the former governor into custody in March 2026 following an investigation into alleged financial infractions and procurement irregularities during his tenure as Kaduna State governor from 2015 to 2023.
