Appeal Court Upholds Refusal of El-Rufai's Second Bail Request in Kaduna

Former Kaduna State Governor Nasir El-Rufai will remain in custody after the Court of Appeal in Kaduna declined to overturn an earlier decision refusing him bail in an ongoing criminal case.

A three-judge panel unanimously upheld the Kaduna State High Court ruling delivered on June 10, 2026. Justice Onyekachi Aja Otisi, who delivered the lead judgment, found that the material presented by El-Rufai did not show sufficiently new circumstances to justify reversing the trial court's exercise of discretion.

El-Rufai, who governed Kaduna between 2015 and 2023, is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission over alleged financial offences linked to his administration. He has denied wrongdoing. The appellate judges also emphasised that the bail decision did not amount to a determination of guilt and that he remains legally presumed innocent unless convicted.

Among the issues considered was an argument from prosecutors that some public statements attributed to El-Rufai created concerns about possible interference with the administration of justice. The prosecution referred to remarks made during an Arise Television interview, including an allegation concerning the telephone line of the National Security Adviser. El-Rufai acknowledged participating in the interview and noted that he was facing a separate case relating to that subject. The appeal court made clear that considering those materials for bail purposes was not the same as finding him guilty of the allegations.

El-Rufai's lawyers also relied on his return to custody after he was permitted to attend his late mother's burial. They argued that returning after the funeral demonstrated that he was unlikely to flee. Prosecutors responded that security personnel accompanied and monitored him throughout that period.

The appellate panel additionally noted that photographs said to show El-Rufai attending funeral prayers at Abuja's National Mosque had been mentioned in his affidavit but were not attached to the application before the lower court. The judges concluded that the trial court could not base its decision on documents that had not been formally presented.

The Court of Appeal also preserved the High Court's direction for an accelerated trial, with proceedings expected to continue as frequently as practicable while El-Rufai remains in ICPC custody. The panel said no evidence had been produced showing that prosecutors were failing to pursue the case diligently.

The judgment nevertheless leaves open the possibility of another bail request if circumstances change. Justice Otisi said El-Rufai could return to the trial court for reconsideration should the prosecution later fail to move the criminal proceedings forward with reasonable diligence.

Justices Abimbola Obaseki-Adejumo and Lateef Ganiyu agreed with the lead decision. Their concurring opinions also found no sufficient new material to justify disturbing the lower court's ruling.