The Court of Appeal sitting in Kaduna has dismissed an appeal by former Kaduna State Governor Nasir El-Rufai challenging a lower court’s refusal to grant him bail in his ongoing prosecution by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
A three-member panel of the appellate court unanimously upheld the Kaduna State High Court’s decision of June 10, 2026, ruling that El-Rufai failed to present fresh facts or special circumstances to justify overturning the earlier decision.
The lead judgment, delivered by Justice Onyekachi Aja Otisi on Thursday, held that the trial court acted within its judicial discretion in refusing 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 ruled.
El-Rufai, who governed Kaduna State from 2015 to 2023, is facing prosecution over alleged financial offences arising from his administration. He has denied wrongdoing and challenged the circumstances surrounding his continued detention.
In considering the appeal, the court examined the prosecution’s concerns that some of the former governor’s public comments during a televised interview could interfere with the administration of justice.
The prosecution also 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 taking part in the interview and noted that he was also standing trial in a separate case relating to the subject.
However, the appellate court emphasised that the allegations did not amount to a determination of guilt.
“Now, without doubt, by unequivocal constitutional provisions, the appellant is presumed innocent until proven guilty,” Otisi stated.
The judge added that the trial court’s assessment of affidavit evidence relating to the possibility of interference with justice should not be interpreted as a finding that El-Rufai was guilty.
The court also considered the former governor’s argument that his return to custody after attending his late mother’s burial demonstrated that he was not a flight risk.
El-Rufai had argued that his release to attend the burial and subsequent return to custody constituted compelling grounds for bail.
The prosecution, however, maintained that security operatives accompanied and monitored him throughout the burial period.
The appellate court further noted that photographs allegedly showing El-Rufai attending funeral prayers at the National Mosque in Abuja were mentioned in his affidavit but were not attached to the bail application before the trial court.
Otisi said the trial judge could not have relied on documents that were not presented.
“Courts are not allowed to act on speculations or conjecture to reach a decision, more so in our criminal jurisprudence,” he said.
The appellate court consequently upheld the lower court’s finding that El-Rufai had not sufficiently demonstrated that his return to custody was entirely voluntary or that the circumstances warranted a different bail decision.
It also affirmed the order for an accelerated hearing of the criminal trial, with proceedings to be conducted daily as far as practicable while the former governor remained in ICPC custody.
The panel noted that there was no evidence that the prosecution had failed to pursue the case diligently. Otisi added that El-Rufai could return to the trial court to seek a fresh consideration of bail if the prosecution failed to prosecute the case diligently.
In a concurring judgment, Justice Abimbola Obaseki-Adejumo agreed that the former governor had not presented new and compelling evidence to justify a different outcome.
“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, noting that the failure to attach documents relied upon in the bail application weakened El-Rufai’s case.
The ICPC took the former governor into custody in March 2026 following investigations into alleged financial infractions and procurement irregularities during his tenure as Kaduna State governor from 2015 to 2023.
