Court Adjourns El-Rufai’s Bail Hearing as ICPC Opposes Fresh Application, Cites Flight Risk, Prior Refusal
The Kaduna State High Court has adjourned proceedings in the ongoing case involving former Kaduna State Governor, Mallam Nasir Ahmad El-Rufai, following the filing of a fresh bail application by the defence and a counter-affidavit by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) opposing the request.
At the resumed hearing on Tuesday, defence counsel, Mr. Ubong Akpang, informed the court of the pending bail application, stressing that it concerns the liberty of the defendant and that all necessary processes had been duly filed and served.
However, counsel to the ICPC, Mr. Ibrahim Mukhtar, told the court that he had only just been served with a further affidavit filed by the defence and requested time to study the new submissions.
Following the development, the presiding judge adjourned the matter to May 13, 2026, for the hearing of the bail application.
ICPC Opposes Fresh Bail Request
The ICPC, in its counter-affidavit, urged the court to reject the fresh application, noting that the defendant had previously sought bail, which was refused by the same court.
Justice D.H. Khobo, in the earlier ruling, held that the defendant failed to adequately respond to critical issues raised by the prosecution, including allegations of flight risk, obstruction of lawful arrest, and potential interference with witnesses and evidence.
The court had emphasised that bail remains discretionary and must be granted in the interest of justice, adding that the defendant’s influence and resources could undermine ongoing investigations, particularly as some suspects were still at large.
It also noted that the defendant did not challenge several material allegations contained in the prosecution’s affidavit, thereby deeming them admitted, while dismissing health-related claims as unsubstantiated.
Consequently, the court ordered that El-Rufai remain in ICPC custody pending the commencement of trial and directed an accelerated hearing of the case.
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Prosecution Raises Additional Concerns
In opposing the latest bail request, the ICPC further cited alleged threats, multiple ongoing criminal proceedings, and an incident involving the alleged obstruction of arrest at the Nnamdi Azikiwe International Airport, Abuja, as factors weighing against granting bail.
The commission also argued that the defendant poses a flight risk due to his international connections and resources, and urged the court to dismiss the application in its entirety.
Defence Maintains Position
El-Rufai’s legal team, led by Oluwole Iyamu (SAN), has maintained that the charges against their client are constitutionally defective, particularly over the alleged retrospective application of the Money Laundering (Prevention and Prohibition) Act, 2022.
The defence is also seeking bail for the defendants on self-recognition or on terms of ₦50 million each with sureties, pending trial.
Counsel further urged the court to consider the health condition of co-defendant, Mr. Olajimi Shakiru Adebisi Lawal (Jimi Lawal), who they said is seriously ill in detention.
Background to the Case
El-Rufai, alongside Jimi Lawal and Mr. Darwish Mohammad, is standing trial before the Federal High Court in Kaduna on an 11-count charge bordering on alleged money laundering.
The charges, filed by the ICPC in Suit No. FHC/KD/93C/2026, also involve five corporate entities, including Singularity Network Security Limited, Solar Life Nigeria Ltd, Knowledge Investment Nigeria Ltd, Intercellular Nigeria Ltd, and Noble Coast Resources Ltd.
The allegations are linked to the award of a CCTV contract during El-Rufai’s tenure as governor between 2015 and 2023, as well as related financial transactions.
Next Steps
The court is expected to hear arguments on the fresh bail application and preliminary objections at the next sitting.
Legal observers say the outcome of the bail hearing could significantly shape the trajectory of the trial, particularly in light of the constitutional and procedural issues raised by both parties.
By PRNigeria
