The Court of Appeal sitting in Kaduna has dismissed an appeal by former Kaduna State Governor, Nasir El-Rufai, challenging the refusal of his fresh bail application by the Kaduna State High Court.
In a unanimous judgment delivered on Thursday, a three-member panel of the appellate court held that El-Rufai failed to present fresh facts or special circumstances sufficient to justify overturning the lower court’s decision to deny him bail.
The judgment, obtained by our correspondent on Friday, affirmed the ruling of the Kaduna State High Court delivered on June 10, 2026, which rejected the former governor’s second bail application.
The lead judgment was delivered by Justice Onyekachi Aja Otisi, who held that the trial court acted within its judicial discretion when it refused to grant the application.
El-Rufai, who governed Kaduna State from 2015 to 2023, is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over alleged financial offences and procurement irregularities linked to his administration.
The former governor has denied wrongdoing and challenged the circumstances surrounding his continued detention.
Court Says El-Rufai Failed to Establish Grounds for Bail
Dissatisfied with the Kaduna State High Court’s refusal to grant his second bail application, El-Rufai approached the Court of Appeal, seeking to overturn the decision.
However, the appellate court held that the lower court properly evaluated the affidavit evidence submitted by both the prosecution and the defence before reaching its decision.
Delivering the lead judgment, Justice Otisi declared that the appeal lacked merit and affirmed the ruling of the trial court.
“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 judge held.
The appellate court concluded that El-Rufai had not demonstrated any fresh facts or exceptional circumstances that warranted a different outcome on his bail application.
Court Examines Allegations of Possible Interference With Justice
The Court of Appeal also considered arguments presented by the prosecution concerning public remarks allegedly made by El-Rufai during a televised interview.
The prosecution argued that some of his comments raised concerns about possible interference with the course of justice.
It told the court that the former governor had spoken about defending his political legacy against individuals he believed were seeking to criminalise him.
The prosecution further alleged that El-Rufai admitted during an Arise Television interview on April 26, 2026, to wiretapping the telephone line of the National Security Adviser.
According to the judgment, El-Rufai acknowledged participating in the interview and pointed out that he was facing a separate case relating to the subject matter.
However, the appellate court emphasised that its consideration of the evidence did not amount to a determination of the former governor’s guilt.
Justice Otisi stressed that El-Rufai remained constitutionally presumed innocent until proven guilty.
“Now, without doubt, by unequivocal constitutional provisions, the appellant is presumed innocent until proven guilty,” the judge stated.
He explained that the trial court’s assessment of affidavit evidence relating to the possibility of interference with justice should not be interpreted as a pronouncement of guilt.
El-Rufai’s Return to Custody After Mother’s Burial Considered
The appellate court also examined El-Rufai’s argument that his return to custody after attending his late mother’s burial demonstrated that he was not a flight risk.
The former governor had argued that his release to attend the burial and subsequent return to custody constituted compelling grounds for granting him bail.
However, the prosecution maintained that security agents accompanied and closely monitored him throughout the burial period.
The court also considered references in El-Rufai’s affidavit to photographs allegedly showing him attending funeral prayers at the National Mosque in Abuja.
Justice Otisi noted that the photographs were not attached to the bail application submitted before the trial court.
He held that the trial judge could not speculate about the contents or evidential value of documents that had not been presented.
“Courts are not allowed to act on speculations or conjecture to reach a decision, more so in our criminal jurisprudence,” he said.
Consequently, the appellate court upheld the lower court’s conclusion that El-Rufai had not sufficiently established that his return to custody was entirely voluntary or that the circumstances surrounding the burial justified a different bail decision.
Court Upholds Order for Accelerated Trial
The Court of Appeal also upheld the Kaduna State High Court’s order directing an accelerated hearing of the criminal case.
Under the order, proceedings are to be conducted on a day-to-day basis as far as practicable while El-Rufai remains in ICPC custody.
The appellate court noted that no evidence had been presented to demonstrate that the prosecution was failing to pursue the case diligently.
Nevertheless, Justice Otisi indicated that the former governor could return to the trial court to seek further consideration of his bail application if the prosecution failed to prosecute the case diligently.
The position leaves open the possibility of a fresh bail application should circumstances materially change or the prosecution fail to proceed with the trial as required.
Two Other Justices Concur With Lead Judgment
In a concurring judgment, Justice Abimbola Obaseki-Adejumo agreed that El-Rufai had not presented fresh and compelling facts to justify a different decision.
“Nothing had changed; therefore, I am unable to agree that a miscarriage of justice had occurred,” she held.
Justice Lateef Ganiyu also concurred with the lead judgment, stressing that the failure to attach documents relied upon in the bail application weakened the former governor’s case.
The three justices consequently agreed that the appeal should be dismissed and the lower court’s decision upheld.
Background to El-Rufai’s ICPC Case
In March 2026, the ICPC took El-Rufai into custody following an investigation into alleged financial infractions and procurement irregularities during his tenure as Kaduna State governor between 2015 and 2023.
The former governor is being prosecuted over the allegations, which he has denied.
The latest Court of Appeal ruling concerns his challenge to the denial of bail and does not determine the outcome of the underlying criminal proceedings.
With the appeal dismissed, El-Rufai remains in ICPC custody as the trial continues, subject to any further decision by the trial court or other competent judicial authority.
The appellate court’s ruling also reinforces the need for parties seeking bail to establish their claims with relevant evidence and demonstrate sufficient grounds for the court to exercise its discretion in their favour.