The Court of Appeal sitting in Kaduna has dismissed an appeal by former Kaduna State Governor Nasir El-Rufai challenging the refusal of his bail application, affirming the decision of the state High Court.
The three-member appellate panel, in a unanimous judgment delivered on Thursday, held that El-Rufai had failed to establish fresh facts or special circumstances to justify overturning the lower court’s decision.
The lead judgment, delivered by Justice Onyekachi Aja Otisi, upheld the Kaduna State High Court’s ruling of June 10, 2026, which rejected the former governor’s second bail application.
“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,” Otisi held.
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 linked to his administration. He has denied wrongdoing.
Court rejects grounds for bail
In its judgment, the appellate court held that the trial judge exercised his discretion judicially and judiciously and that there was no miscarriage of justice warranting appellate intervention.
The court also struck out El-Rufai’s reply brief filed on September 29, describing it as incompetent. It resolved the issue for determination against the former governor and in favour of the Federal Republic of Nigeria.
The panel considered arguments concerning statements El-Rufai allegedly made during a televised interview, which the prosecution said raised concerns about possible interference with the course of justice.
The prosecution also referred to an April 26 interview on Arise Television in which it alleged that El-Rufai admitted to wiretapping the telephone line of the National Security Adviser.
The court’s consideration of those arguments formed part of its assessment of the bail application. However, the bail ruling was not a determination of El-Rufai’s guilt on the substantive charges.
Otisi emphasised the constitutional presumption of innocence, stating that the former governor remained innocent until proven guilty.
The court also considered El-Rufai’s argument that his return to custody after attending his late mother’s burial demonstrated that he was not a flight risk.
However, the panel noted that photographs allegedly showing him attending funeral prayers at the National Mosque in Abuja had been referenced in his affidavit but were not attached to the application before the trial court.
The lead judgment stated that courts could not rely on speculation or conjecture when reaching decisions.
The appellate court consequently upheld the lower court’s conclusion that El-Rufai had not established sufficient grounds to justify a different bail decision.
Trial scheduled for October 12
The Court of Appeal also upheld the order for an accelerated hearing of the criminal case, with proceedings to be conducted from day to day as far as practicable.
It noted that no evidence had been presented to establish that the prosecution had failed to pursue the case diligently.
The court added that El-Rufai could return to the trial court to seek further consideration of his bail application if the prosecution failed to prosecute the matter diligently.
In separate concurring judgments, Justices Abimbola Obaseki-Adejumo and Lateef Ganiyu agreed with the dismissal of the appeal.
Obaseki-Adejumo held that the former governor had not presented fresh and compelling facts to justify a different outcome, while Ganiyu agreed that deficiencies in the documents relied upon by the appellant weakened his case.
The substantive trial is scheduled to commence on Monday, October 12, 2026.
The latest decision means El-Rufai’s request for bail remains unsuccessful at the appellate level, while the criminal proceedings against him are expected to continue.
