The Court of Appeal sitting in Kaduna has reserved judgment in an appeal filed by former Kaduna State Governor, Nasir El-Rufai, challenging the refusal of his bail application by the Kaduna State High Court.
The three-member panel, led by Justice Onyekachi Aja Otisi, reserved judgment on Tuesday after hearing arguments from counsel representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The court, however, did not fix a date for the delivery of the judgment.
Counsel to the ICPC, Ayodeji Adedipe, urged the appellate court to dismiss the appeal, arguing that the Kaduna State High Court was right to refuse El-Rufai’s bail application. He told the court that the former governor had filed three separate bail applications before the trial court, all of which were rejected.
According to Adedipe, the first application was dismissed, while the second was rejected after El-Rufai failed to establish exceptional circumstances that would warrant another bail application. He said a third application was subsequently filed and also dismissed by the trial court, but El-Rufai chose to appeal the ruling on the second application.
The ICPC counsel further argued that El-Rufai failed to disclose to the Court of Appeal that the third bail application had also been rejected. He consequently described the appeal as unmeritorious and urged the court to dismiss it.
However, El-Rufai’s counsel, Paul Erokoro, SAN, urged the appellate court to overturn the decision of the lower court and grant his client bail pending the determination of the charges against him.
Erokoro argued that the offences for which El-Rufai was charged were bailable and not capital offences. He maintained that bail was a constitutional right except in capital cases and argued that keeping his client in ICPC custody was making it difficult for him to adequately prepare his defence.
The senior lawyer also argued that El-Rufai’s detention had made access to his lawyers and witnesses difficult and could affect confidential communication between the former governor and his legal team.
Erokoro further described El-Rufai as a prominent opposition figure and argued that the filing of criminal charges against him close to an election was not surprising. He expressed confidence that the Court of Appeal would take a different position from the Kaduna State High Court and grant the former governor bail.
After hearing arguments from both sides, Justice Otisi reserved judgment without fixing a date for its delivery.
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