Why El-Rufai’s Bail Request Was Refused

According to IReporter Online, a Kaduna State High Court has denied the bail application of former Kaduna State Governor, Nasir El-Rufai, in an ongoing trial involving allegations of financial misconduct.

Delivering the ruling on Tuesday, Justice Darius Khobo held that it was in the interest of justice for the defendant to remain in custody to ensure his availability throughout the trial. The court ruled after El-Rufai was arraigned by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on a nine-count charge bordering on alleged conferment of benefits under false pretences and the dishonest disposal of loan funds. The former governor pleaded not guilty to all charges.

In his bail application, El-Rufai argued through a 24-paragraph affidavit that the alleged offences were non-capital in nature. He also cited his status as a former governor, strong community ties, voluntary return to Nigeria from Egypt, and claimed underlying health conditions requiring specialist medical attention.

However, the ICPC opposed the application, filing a counter-affidavit in which it described the allegations as economically damaging. The commission further argued that granting bail could lead to interference with witnesses and ongoing investigations, while also maintaining that El-Rufai posed a flight risk due to his influence and resources. It also challenged his health claims, stating that no medical evidence was provided.

Justice Khobo, in his ruling, held that the prosecution’s arguments contained “weighty depositions” that were not adequately challenged by the defence. He noted that El-Rufai failed to file a further affidavit to counter the prosecution’s claims, thereby leaving them unchallenged and effectively admitted.

The judge also stated that while claims of ill health were raised, no supporting medical evidence was presented before the court, stressing that such claims must be backed by credible documentation. He further held that where there is a likelihood of an accused person interfering with witnesses or evading trial, the court is within its discretion to refuse bail.

Accordingly, the court dismissed the bail application and ordered that El-Rufai remain in the custody of the ICPC pending the commencement of trial. Justice Khobo also directed that the trial should proceed expeditiously, granting permission for an accelerated hearing on a day-to-day basis where practicable.

Following the ruling, counsel to both parties agreed that the trial would commence in the first week of June. The case was subsequently adjourned to June 1, 2, 3, and 4, 2026.