The Court of Appeal has upheld the decision to deny bail to former Kaduna State Governor Nasir El-Rufai, citing concerns raised by the prosecution over his public comments and the absence of supporting photographs from his application.
The appellate court considered the prosecution’s argument that some of El-Rufai’s remarks, including comments during a televised interview, raised concerns about possible interference with the administration of justice.
The prosecution had told the court that the former governor spoke about protecting his political legacy from people allegedly seeking to criminalise him. It also alleged that, during an interview with Arise Television on April 26, 2026, he admitted to wiretapping the telephone line of the National Security Adviser.
In its judgment, the court noted that El-Rufai acknowledged participating in the interview and being prosecuted in a separate case connected to the subject.
However, the appellate court clarified that its decision did not amount to a determination of guilt, stressing that the former governor remained entitled to the constitutional presumption of innocence.
Justice Otisi stated, “Now, without doubt, by unequivocal constitutional provisions, the Appellant is presumed innocent until proven guilty.”
He explained that the trial court’s consideration of affidavit evidence relating to the possibility of interference with justice should not be interpreted as a declaration that El-Rufai was guilty of the allegations against him.
The court also examined the former governor’s argument that his return to custody after attending his late mother’s burial showed he was not a flight risk and should have been granted bail.
El-Rufai had maintained that his release to attend the funeral and subsequent return to custody demonstrated his willingness to comply with the legal process.
The prosecution, however, argued that security operatives accompanied and closely monitored him throughout the burial activities.
Another issue considered by the appellate court was the absence of photographs allegedly showing El-Rufai attending funeral prayers at the National Mosque in Abuja. Although the photographs were referenced in his affidavit, they were not attached to the bail application filed before the trial court.
Justice Otisi said the trial judge could not rely on evidence that had not been presented before the court.
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He stated, “Courts are not allowed to act on speculations or conjecture to reach its decision, more so in our criminal jurisprudence.”
Consequently, the appellate court upheld the lower court’s finding that El-Rufai had not established that his return to custody was entirely voluntary or that the circumstances surrounding the burial justified a different decision on bail.
The court also affirmed the directive for an accelerated hearing of his criminal trial, with proceedings to take place daily as far as practicable while he remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission.
It noted that there was no evidence before it demonstrating that the prosecution had failed to pursue the case diligently.
Otisi added that El-Rufai could approach the trial court again to seek a review of his bail application if the prosecution failed to prosecute the case diligently.
In a concurring judgment, Justice Abimbola Obaseki-Adejumo agreed that the former governor had not presented fresh and compelling circumstances to warrant a different outcome.
She said, “Nothing had changed; therefore, I am unable to agree that a miscarriage of justice had occurred.”
Justice Lateef Ganiyu also agreed with the lead judgment, holding that the failure to attach documents relied upon in the bail application weakened El-Rufai’s case.