The Kaduna State High Court has dismissed an application seeking the recusal of Justice Darius Khobo from the trial of former Kaduna State Governor, Nasir El-Rufai.
In its ruling delivered last week, the court held that the applicant had not waived his right to challenge the judge over alleged bias through his previous conduct.
However, Justice Khobo ruled that the multiple court processes filed by the applicant at both the Court of Appeal and the Kaduna State High Court amounted to an abuse of court process.
The judge also held that the applicant failed to establish any likelihood of bias against him.
The court considered three issues in determining the application.
On whether the applicant had waived his right to complain about alleged bias, the court ruled in his favour, holding that such a right could not be deemed waived merely on the basis of his conduct.
On the second issue, concerning alleged abuse of court process, the court found in favour of the respondent, holding that the multiple processes filed before the Court of Appeal and the state High Court constituted an abuse of the judicial process.
The court also ruled against the applicant on the third issue, finding that no likelihood of bias had been established.
Consequently, the court dismissed the application for recusal for lack of merit.
Justice Khobo directed that the substantive trial should proceed on a day-to-day basis, as practicable, and ordered that the defendant remain in the custody of the Independent Corrupt Practices and Other Related Offences Commission pending the continuation of proceedings.
The case has been adjourned to October 12 and 13, 2026, for accelerated hearing.
