The Court of Appeal in Kaduna has thrown out an appeal brought by former Kaduna State Governor Nasir El-Rufai, which contested the Kaduna State High Court’s rejection of his fresh bail application.
In a unanimous ruling delivered on Thursday, the three-member appellate panel concluded that El-Rufai had not presented new facts or special circumstances that would justify overturning the lower court’s decision to deny him bail.
Based on the Certified True Copy of the judgment obtained by our correspondent on Friday, the lead judgment, delivered by Justice Onyekachi Aja Otisi, upheld the Kaduna State High Court’s ruling, which had turned down the former governor’s second bail application on June 10, 2026.
El-Rufai, who led Kaduna State from 2015 to 2023, is being prosecuted by the ICPC over alleged financial offenses connected to his administration.
The former governor has maintained his innocence and is contesting the circumstances surrounding his ongoing detention.
The Kaduna State High Court had rejected the bail application submitted by the former governor and ordered an accelerated hearing on the matter.
Unhappy with the outcome, El-Rufai took his case to the appeal court.
The appellate court ruled that the lower court had exercised its discretion properly in denying bail, pointing out that the decision rested on the affidavit evidence submitted by both parties.
Otisi said, “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.”
The court weighed the prosecution’s contention that certain public comments and statements made by El-Rufai during a televised interview gave rise to concerns about potential interference with the administration of justice.
The prosecution had informed the court that El-Rufai made comments about protecting his political legacy from those attempting to criminalize him. It further claimed that he confessed during an Arise Television interview on April 26, 2026, to tapping the telephone line of the National Security Adviser.
As stated in the judgment, El-Rufai confirmed that he took part in the interview and was being tried in a separate case connected to the same subject matter.
Nevertheless, the appellate court emphasized that its ruling did not constitute a finding of guilt, pointing out that the former governor was still presumed innocent until proven guilty.
Otisi stated, “Now, without doubt, by unequivocal constitutional provisions, the Appellant is presumed innocent until proven guilty.”
He further stated that the trial court’s evaluation of the affidavit evidence regarding the potential for obstruction of justice did not amount to a declaration of guilt.
The court also took into account El-Rufai’s contention that his return to custody after attending his late mother’s burial showed he was not a flight risk.
The former governor had contended that being released to attend the burial and then going back into custody were strong grounds for granting bail.
The prosecution, however, insisted that security agents had accompanied and kept close watch over him throughout the burial.
The appellate court observed that photographs purportedly showing El-Rufai at the funeral prayers at the National Mosque in Abuja were mentioned in his affidavit but were not attached to the application filed before the trial court.
Otisi stated that the trial judge could not speculate about what the photographs would have depicted.
He stated, “Courts are not allowed to act on speculations or conjecture to reach their decision, more so in our criminal jurisprudence.”
As a result, the court affirmed the lower court’s ruling that El-Rufai had failed to show that his return to custody was completely voluntary or that the situation warranted a different bail decision.
It likewise affirmed the order for an expedited hearing of the criminal trial, with proceedings to take place on a day-to-day basis wherever practical while El-Rufai stayed in the custody of the Independent Corrupt Practices and Other Related Offences Commission.
The appellate court observed that no evidence had been brought forward to demonstrate that the prosecution had not diligently pursued the case.
Otisi further stated that El-Rufai could go back to the trial court to request additional consideration of his bail application should the prosecution fail to diligently prosecute the case.
In a concurring opinion, Justice Abimbola Obaseki-Adejumo concurred that the former governor had not provided fresh and compelling facts to warrant a different outcome.
She said, “Nothing had changed; therefore, I am unable to agree that a miscarriage of justice had occurred.”
Justice Lateef Ganiyu likewise agreed with the lead judgment, ruling that the appellant’s case was undermined by the failure to attach the documents relied upon in the bail application.
