The Court of Appeal sitting in Kaduna has reserved judgement in an appeal filed by former Kaduna State Governor Nasir El-Rufai, challenging the decision of the Kaduna State High Court to refuse his bail application.
The presiding judge, Justice Onyekachi Aja Otisi, reserved judgement after hearing arguments from counsel representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.
Speaking after the proceedings, ICPC lead counsel, Ayodeji Adedipe, urged the appellate court to dismiss the appeal, arguing that the Kaduna State High Court acted correctly in refusing El-Rufai’s bail application.
Adedipe told the court that the former governor had filed three separate bail applications before the trial court, all of which were rejected.
He explained that the first application was dismissed, while the second was also refused after El-Rufai failed to demonstrate any exceptional circumstances to justify another request for bail.
According to the ICPC counsel, El-Rufai subsequently filed a third bail application, which was also rejected. However, the former governor chose to appeal the ruling on the second application.
Adedipe argued that the appellant failed to disclose to the Court of Appeal that the third bail application had also been dismissed.
He therefore maintained that the appeal lacked merit and urged the court to dismiss it.
However, counsel to El-Rufai, Paul Erokoro, SAN, asked the appellate court to overturn the lower court’s decision and grant his client bail pending the determination of the charges against him.
Erokoro argued that the offences against the former governor were bailable and did not attract the death penalty, insisting that there was no legal basis for keeping him in custody.
He maintained that bail is a constitutional right, except in capital offences, and argued that El-Rufai’s continued detention was making it difficult for him to adequately prepare his defence.
According to the senior lawyer, the detention had restricted El-Rufai’s access to his lawyers and witnesses and could undermine confidential communication between the former governor and his legal team.
Erokoro also described El-Rufai as a prominent opposition figure, suggesting that the timing of the criminal charges, coming close to an election, raised concerns.
The defence expressed optimism that the Court of Appeal would take a different position from the High Court and grant El-Rufai bail.
After hearing arguments from both sides, Justice Otisi reserved judgement but did not announce a date for its delivery.
