By Ayomide Otitoju
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 presiding judge, Justice Onyekachi Aja Otisi, reserved judgment after hearing arguments from counsel representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Speaking after the proceedings, ICPC lead counsel, Ayodeji Adedipe, urged the appellate court to dismiss the appeal, arguing that the High Court was right to deny El-Rufai bail.
Adedipe told the court that El-Rufai had filed three separate bail applications before the trial court, all of which were refused.
He said the first application was dismissed, while the second was rejected after the former governor failed to demonstrate exceptional circumstances to justify filing another application.
According to him, the third bail application was subsequently filed and also dismissed, but El-Rufai appealed against the ruling on the second application.
The ICPC counsel argued that the appellant failed to disclose to the Court of Appeal that the third bail application had also been refused.
However, counsel to El-Rufai, Paul Erokoro, SAN, urged the court to overturn the lower court’s decision and grant his client bail pending the determination of the charges against him.
Erokoro argued that the offences against El-Rufai were bailable and did not attract the death penalty, insisting that there was no justification for denying him bail.
He said bail was a constitutional right except in capital offences, adding that El-Rufai’s continued detention in ICPC custody was making it difficult for him to adequately prepare his defence.
The senior lawyer said the detention had also restricted his client’s access to lawyers and witnesses and could affect confidential communication between the defendant and his legal team.
Erokoro further described El-Rufai as a prominent opposition figure, arguing that the timing of the criminal charges, coming close to an election, raised concerns.
He expressed optimism that the Court of Appeal would take a different position from the High Court and grant the former governor bail.
After hearing arguments from both sides, Justice Aja Otisi reserved judgment but did not announce a date for its delivery.
