A Kaduna State High Court has refused the bail application filed by former Governor Nasir El-Rufai, holding that the seriousness of the allegations against him and concerns over interference with investigations outweighed the grounds advanced for his release.
The ruling was delivered on 21 April 2026 by Justice D.H. Khobo of the Kaduna Judicial Division in Charge No: KDH/KAD/ICPC/01/2026, filed by the Federal Republic of Nigeria through the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
El-Rufai had approached the court via a motion dated 25 March 2026, seeking bail “either on self-recognisance or upon such liberal terms as the Court may deem fit.”
His application, brought under Sections 35(4) and 36(5) of the 1999 Constitution (as amended) and provisions of the Kaduna State ACJL 2017, argued that the offences were not capital in nature and therefore carried a presumption in favour of bail.
He further contended that he had strong community ties, fixed addresses, and substantial assets, which, according to him, eliminated any risk of flight.
El-Rufai also told the court he voluntarily returned from Egypt on 16 February 2026 to honour an EFCC invitation, and argued that the amended charge was “fundamentally defective” and “unintelligible.”
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He also raised health concerns, claiming he required specialist medical attention.
The ICPC opposed the application through a 9-paragraph counter-affidavit deposed to by Idris Abubakar, insisting that the offences were serious and “economically sabotaging.”
The anti-graft agency argued that the former governor posed a flight risk, adding that there was a likelihood he could interfere with witnesses and ongoing investigations involving other suspects.
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It also alleged an incident at the Nnamdi Azikiwe International Airport, Abuja, on 12 February 2026, where El-Rufai allegedly obstructed law enforcement officers.
The ICPC further dismissed his medical claims, stating that no supporting medical report was provided.
In his ruling, Justice Khobo held that the gravity of the nine-count charge, coupled with allegations of interference and obstruction, made bail inappropriate at this stage.
The court stated, “In the instant application, given the gravity of the nine-count charge against the Defendant/Applicant, the Respondent’s credible apprehension regarding the interference with the ongoing investigations linked to other persons still at large… the interest of justice is best served by ensuring the Applicant remains available for an accelerated trial.”
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The judge also faulted the defence on health grounds, noting, “The Applicant in my view has failed to provide sufficient medical evidence to justify the grant of bail on health grounds.”
Consequently, the court held, “Accordingly, the Defendant/Applicant’s application for bail pending trial fails and is hereby REFUSED.”
Justice Khobo ordered that El-Rufai “shall remain in the custody of the Respondent (ICPC) pending the commencement of the trial,” while directing that proceedings be conducted on an accelerated basis.
The court also fixed June 1, 2, 3 and 4, 2026, for day-to-day hearings, following what it described as a consensus between prosecution and defence counsel.
For now, the former governor remains in ICPC custody as the substantive trial awaits commencement.
