The Independent Corrupt Practices and Other Related Offences Commission, ICPC, has filed a counter-affidavit in opposition to a fresh bail application filed by the former governor of Kaduna State, Mallam Nasir El-Rufai, in the ongoing case before the Kaduna State High Court.
At the resumed hearing of the matter on Tuesday, counsel to the defendant, Mr. Ubong Akpang, informed the court of a pending bail application, emphasising that it concerns the defendant’s liberty.
He further stated that all necessary processes had been duly filed and served, expressing readiness to proceed with the hearing.
However, counsel to the ICPC, Mr. Ibrahim Mukhtar, informed the court that he had only just been served with the defendant’s further affidavit in support of the bail application and would require time to study the new processes.
Following this development, the Honourable Court adjourned the matter to 13 May 2026 for the hearing of the bail application.
It would be recalled that the court had earlier declined to grant bail to Mallam El-Rufai in a previous application.
Honourable Justice D.H. Khobo held that the defendant had not filed a further affidavit to challenge the ICPC’s counter-affidavit, which raised new facts.
These facts included the likelihood of flight risk due to his influence and resources, alleged obstruction of lawful arrest at the Nnamdi Azikiwe International Airport, Abuja, refusal to surrender travel documents and devices for investigation, and concerns over potential interference with witnesses and evidence.
In its determination, the court emphasised that bail is discretionary and must serve the interests of justice.
Justice Khobo held that the defendant’s high status could facilitate interference with ongoing investigations, especially as some suspects remain at large.
The court had further noted the defendant’s failure to challenge key allegations in the prosecution’s counter-affidavit, thereby deeming them admitted, and had dismissed unsubstantiated health claims for lack of evidence.
Consequently, the court refused bail to the defendant, ordering that he remain in ICPC custody pending the commencement of the trial, and directed an accelerated hearing.
Notwithstanding this, the defence team proceeded to file a fresh application for bail.
The ICPC has since filed its response opposing the latest bail application and remains committed to ensuring that justice is served in accordance with the law.
The Commission assures the public of its continued dedication to the diligent prosecution of corruption cases and the upholding of due process