Former governor of Kaduna State, Mallam Nasir El-Rufai 

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has filed a counter affidavit formally opposing a new bail application submitted by the former Governor of Kaduna State, Mallam Nasir El-Rufai.

The matter, currently before the Kaduna State High Court, saw a brief procedural update during Tuesday’s session.

Procedural Delays and Adjournment

Counsel for the defendant, Mr. Ubong Akpang, moved to bring the pending bail application forward, emphasizing the fundamental importance of his client’s liberty. Mr. Akpang noted that all requisite processes had been filed and served, indicating the defense’s readiness to proceed.

However, the prosecution, represented by Mr. Ibrahim Mukhtar, informed the court that he had only recently received the defendant’s further affidavit. Mr. Mukhtar requested an adjournment to properly review the new filings. Consequently, the presiding judge adjourned the hearing on the bail application to May 13, 2026.

Grounds for Previous Bail Refusal

This latest legal maneuver follows a prior ruling by the court which declined El-Rufai’s initial request for bail. In that decision, Honourable Justice D.H. Khobo highlighted several critical factors presented by the ICPC that the defense had failed to adequately rebut, including:

• Flight Risk: Concerns that the defendant’s influence and resources could facilitate an exit from the jurisdiction.

• Obstruction Allegations: Reports of a prior incident involving the alleged obstruction of a lawful arrest at the Nnamdi Azikiwe International Airport in Abuja.

• Non-Compliance: The defendant’s reported refusal to surrender travel documents and electronic devices necessary for the ongoing investigation.

• Integrity of the Trial: Potential risks regarding the interference with witnesses and the tampering of evidence, particularly as other suspects remain at large.

"Bail is a discretionary power of the court and must always be exercised in the interest of justice," Justice Khobo remarked in the earlier ruling, noting that the defendant's high status could potentially impede the prosecution’s efforts.

Prosecution’s Position

The court had previously dismissed the defendant’s health-related claims due to a lack of substantiating evidence. While the defense has filed this fresh application to secure El-Rufai’s release, the ICPC maintains its stance that the defendant should remain in custody to ensure an unimpeded trial.

The Commission reaffirmed its commitment to the diligent prosecution of the case and the upholding of due process, stating that it remains focused on ensuring justice is served in alignment with anti-corruption laws. Pending the May 13 hearing, Mallam El-Rufai remains in the custody of the ICPC.