Kaduna Court of Appeal: Nasir El-Rufai Bail Appeal Dismissed

• The Kaduna Court of Appeal dismissed former Governor Nasir El-Rufai's appeal against a bail refusal.
• The court found El-Rufai failed to present fresh facts or special circumstances to overturn the lower court's decision.
• Justice Onyekachi Aja Otisi delivered the unanimous judgment, affirming the Kaduna State High Court's ruling from June 10, 2026.
• The prosecution cited El-Rufai's public comments, including an alleged admission of wiretapping, as potential interference with justice.
• The appellate court reiterated that El-Rufai remains presumed innocent, and its decision was not a finding of guilt.

The appellate court, in its unanimous decision, firmly stated that El-Rufai had not presented sufficient fresh facts or special circumstances to warrant an intervention in the lower court’s original decision to deny him bail.

The Kaduna Court of Appeal has rejected an appeal filed by former Kaduna State Governor, Nasir El-Rufai, challenging a lower court's decision to deny him bail. A three-member appellate panel, in a unanimous judgment delivered on Thursday, upheld the Kaduna State High Court's refusal of El-Rufai's second bail application, which occurred on June 10, 2026.

Justice Onyekachi Aja Otisi delivered the lead judgment, affirming the High Court's ruling. The appellate court, in its unanimous decision, firmly stated that El-Rufai had not presented sufficient fresh facts or special circumstances to warrant an intervention in the lower court’s original decision to deny him bail.

Nasir El-Rufai, who served as the governor of Kaduna State from 2015 to 2023, is currently facing prosecution by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The charges against him stem from alleged financial offences committed during his tenure in office. El-Rufai has consistently denied any wrongdoing and has challenged the circumstances surrounding his ongoing detention.

The initial bail application submitted by the former governor was previously dismissed by the Kaduna State High Court, which subsequently ordered an accelerated hearing of the substantive case. Dissatisfied with this outcome, El-Rufai then sought recourse from the appellate court, leading to the recent ruling by the Kaduna Court of Appeal.

During the proceedings, the prosecution presented arguments that certain public remarks made by El-Rufai during a televised interview raised concerns about potential interference with the judicial process. Specifically, the prosecution highlighted comments attributed to El-Rufai regarding his intention to defend his political legacy against those attempting to criminalize him. It was also alleged that, during an Arise Television interview on April 26, 2026, he admitted to wiretapping the telephone line of the National Security Adviser.

El-Rufai acknowledged his participation in the interview but noted that the alleged wiretapping incident was the subject of a separate legal case. He also contended that his voluntary return to custody after attending his late mother's burial demonstrated that he posed no flight risk, arguing this should be considered compelling grounds for bail. However, the prosecution countered that he was under constant supervision by security agents throughout the burial period. The appellate court further observed that photographs purportedly showing El-Rufai at funeral prayers at the National Mosque in Abuja, though referenced in his affidavit, were not attached to the application submitted to the trial court, preventing their consideration.

The appellate court underscored that the Kaduna State High Court acted appropriately within its judicial discretion when it initially refused bail. This decision, according to the appellate panel, was properly based on the affidavit evidence presented by both the prosecution and the defense. Justice Otisi emphasized that courts are not permitted to base decisions on speculation or conjecture, particularly in criminal jurisprudence, referencing the unattached photographs as an example.

Despite affirming the bail refusal, the court clarified that its decision did not constitute a finding of guilt against El-Rufai. The court reiterated the fundamental principle that an accused individual remains presumed innocent until proven guilty, clarifying that its decision was not a pronouncement on the former governor's culpability. It further stated that the trial court's evaluation of affidavit evidence concerning potential interference with justice did not amount to a declaration of guilt.

Lawyers advising clients on bail applications in Nigeria, particularly high-profile individuals, must understand that public statements and media interviews can be used as evidence to argue potential interference with justice, significantly impacting bail decisions. This case reinforces that appellate courts require demonstrable fresh facts or special circumstances to overturn a lower court's bail refusal, emphasizing the importance of robust affidavit evidence and careful client communication strategies.

Source: Original reporting via Punch Newspapers