El-Rufai Absent As Court Adjourns Ruling On Recusal Application To September 24

Former Kaduna State governor, Malam Nasir El-Rufai, was absent in court on Wednesday as a Kaduna State High Court adjourned until September 24, 2026, for ruling on his application seeking the recusal of the presiding judge from his ongoing trial.

The presiding judge, Justice Darius Khobo, fixed the date after counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ayodeji Adedipe (SAN), and counsel to El-Rufai, Paul Erokoro (SAN), adopted their respective arguments on the application.

Speaking with journalists shortly after the proceedings, ICPC counsel, Ayodeji Adedipe (SAN), disclosed that the defence had initially filed four separate applications seeking the recusal of the trial judge but subsequently withdrew three of them before arguing the fourth application before the court.

Adedipe said the prosecution vehemently opposed the application, insisting that the defence failed to establish sufficient grounds to warrant the judge’s withdrawal from the case.

“The defendant filed four applications for recusal. This morning, they withdrew the earlier three and moved the fourth one. We vehemently opposed it because we believe they did not make out any serious case that should warrant the court recusing itself,” Adedipe said.

He explained that, for ethical reasons, the prosecution could not disclose the detailed legal arguments canvassed before the court but maintained that the application lacked merit.

The senior advocate described the application as an afterthought and urged the court to dismiss it and fix a date for the commencement of trial.

“The matter has stalled because of several applications. Like I told you, they filed four applications for recusal. We asked the court to dismiss the application and set a date for trial so that we can move on.”

Also, El-Rufai’s counsel, Paul Erokoro (SAN), argued that the application for recusal was distinct from the appeal pending before the Court of Appeal over the refusal of bail.

According to him, while the appeal seeks only an order admitting his client to bail, the application before the High Court challenges the impartiality of the trial judge based on comments allegedly made during the ruling on the bail application.

“The prosecution is saying that the matter before the Court of Appeal is the same as what is before this court now. We disagree. At the Court of Appeal, we are only asking for bail. Here, we are saying that the trial judge, having already called the defendant a criminal, should not be allowed to try the substantive case because there is a likelihood of bias,” Erokoro said.

He maintained that the defence believes the judge’s earlier remarks created a reasonable apprehension of bias.

“How would you feel if somebody who thinks you are a criminal is trying you? That’s all we are saying.”

After hearing submissions from both parties, Justice Darius Khobo adjourned the matter until September 24, 2026, for ruling on the application seeking his recusal from further hearing the case.