THE Court of Appeal sitting in Kaduna on Monday, October 5, reserved judgment in the appeal filed by former Kaduna State Governor, Malam Nasiru Ahmad El-Rufai, challenging the ruling of the Kaduna State High Court that dismissed his bail application.
News Point Nigeria reports that El-Rufai, who is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), had approached the Court of Appeal, asking it to overturn the High Court’s ruling and grant him bail.
Speaking to newsmen shortly after the proceedings, the ICPC lead counsel, Ayodeleji Adelukpe, said the former governor approached the Court of Appeal with an application challenging the ruling delivered by the trial court on his bail application.
“We oppose that because the bail application he is appealing against here, which is the ruling on the application, is the second one. They actually filed three before the trial judge.
“The first one was dismissed. They brought another one without showing any exceptional ground, so it was dismissed too. However, without relenting, they proceeded with another application, making it the third, which was also dismissed.
“Upon dismissal of the third application, El-Rufai decided to appeal the second application, which was the second ruling that led to this current appeal. That is why we are challenging the appeal.
“We are challenging the appeal because the trial judge who dismissed those applications was right. They failed to show any exceptional ground for why the second application should be granted.
“Despite this, they did not in any way inform the Honourable Court that they had filed the third application, which was also dismissed.
“In summary, our argument is that the appeal is unmeritorious,” he said.
However, lead counsel to the appellant, Paul Erokoro, SAN, expressed confidence that the Court of Appeal would grant their request and overturn the High Court’s decision on the bail application.
Erokoro described El-Rufai’s arrest and the legal battles surrounding him as politically motivated, arguing that the former governor did not commit treason or kill anyone and that the offences he is charged with are bailable.
“El-Rufai is a public figure who cannot run; he was a former governor and a former minister and is an elder statesman.
“Bail is a constitutional right. Except in capital offences, a defendant who is not on bail finds it very difficult to prepare his case.
“El-Rufai, held in ICPC custody by the agency prosecuting him, will find it difficult to access his lawyers and witnesses because he cannot be sure his communication with them is confidential.
“But with this appeal, we hope the court will take a different view and honour the bail application,” he said.