Appeal Court Reserves Judgement In El-Rufai’s Bail Application

The Court of Appeal sitting in Kaduna has reserved judgment in an appeal filed by former Kaduna State governor, Nasir El-Rufai, challenging the refusal of his second application for bail by the state High Court.

The appellate court reserved judgement after hearing arguments from counsel to El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

The trial judge, Justice Onyekachi Aja Otisi, did not fix a date for the judgement.

After the court session, counsel to the ICPC, Ayodeji Adedipe, said he urged the Court of Appeal to dismiss the appeal, arguing that the court was right to refuse El-Rufai bail.

Adedipe said El-Rufai had filed three separate applications for bail before the trial court.

He said the first application was dismissed, while the second was also rejected after the former governor failed to establish exceptional circumstances to warrant another application.

The counsel said El-Rufai subsequently filed a third application for bail, which was also dismissed by the High Court.

Adedipe, however, said the former governor appealed the ruling on the second bail application and not the decision on the third application.

He argued that El-Rufai failed to disclose to the Court of Appeal that his third bail application had also been rejected by the trial court.

The ICPC counsel therefore urged the appellate court to dismiss the appeal, describing it as lacking merit.

However, counsel to El-Rufai, Paul Erokoro, SAN, urged the court to set aside the High Court’s decision and grant his client bail pending the determination of the charges against him.

Erokoro argued that the offences for which El-Rufai was charged were bailable and did not constitute capital offences.

He maintained that there was no legal basis for denying the former governor bail, arguing that bail was a constitutional right except in capital offences.

The senior lawyer further told the court that El-Rufai’s continued detention in ICPC custody was making it difficult for him to adequately prepare his defence.

He said the detention had restricted the former governor’s access to his lawyers and witnesses and could affect confidential communication between him and his legal team.

Erokoro also described El-Rufai as a prominent opposition figure, arguing that the filing of criminal charges against him close to an election was not surprising.

He expressed optimism that the Court of Appeal would take a different position from the High Court and grant the former governor bail.

After hearing the submissions of counsel on both sides, Justice Aja Otisi reserved judgement in the appeal without fixing a date for its delivery.