The Court of Appeal sitting in Kaduna has reserved judgement on an appeal filed by former Kaduna State Governor Nasir El-Rufai, challenging the decision of the Kaduna State High Court to deny him bail.
The presiding judge, Justice Onyekachi Aja Otisi, reserved judgement after hearing arguments from lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
During the proceedings, ICPC lead counsel, Ayodeji Adedipe, urged the appellate court to dismiss El-Rufai’s appeal, arguing that the lower court was right to reject his request for bail.
Adedipe told the court that El-Rufai had made three separate bail applications before the Kaduna State High Court, all of which were unsuccessful.
According to the ICPC lawyer, the first application was dismissed, while the second was also rejected after the former governor failed to demonstrate exceptional circumstances that would justify filing another bail application.
He said a third bail application was later submitted and equally dismissed. However, instead of appealing the decision on the latest application, El-Rufai appealed the ruling concerning his second bail application.
Adedipe argued that the former governor failed to inform the Court of Appeal that his third application had also been rejected.
On that basis, the ICPC counsel described the appeal as lacking merit and asked the appellate court to dismiss it.
El-Rufai’s Lawyers Demand Bail
Counsel to El-Rufai, Paul Erokoro, SAN, asked the Court of Appeal to overturn the High Court’s decision and grant the former governor bail while the charges against him are being determined.
Erokoro argued that the offences brought against his client were bailable and did not constitute capital offences. He maintained that there was therefore no sufficient reason to keep El-Rufai in custody.
The senior lawyer argued that bail is a constitutional right except in cases involving capital offences.
He further told the court that El-Rufai’s continued detention in ICPC custody was making it difficult for him to properly prepare his defence.
According to Erokoro, the former governor’s detention had affected his ability to meet with his lawyers and access witnesses, while also creating concerns about maintaining confidential communication between the defendant and his legal team.
The lawyer also referred to El-Rufai’s political status, describing him as a prominent opposition figure. He argued that the timing of the criminal charges, coming close to an election, raised concerns from the defence’s perspective.
Erokoro said the defence team remained hopeful that the Court of Appeal would take a different position from the High Court and grant El-Rufai bail.
After considering the submissions from both sides, Justice Otisi reserved judgement in the matter.
The court did not, however, announce a date for the delivery of the judgement.
