Court Declines Bail for El-Rufai, Says Application Premature

A Federal High Court in Abuja on Wednesday declined to entertain a bail application filed on behalf of former Kaduna State Governor, Nasir El-Rufai, ruling that the request was premature as the defendant had not yet been arraigned.

Justice J.O. Abdumalik fixed April 23, 2026, for further proceedings in the matter.

The ruling followed submissions by defence counsel, Mr Oluwole Iyamu (SAN), who informed the court that his client could not be produced for arraignment because he is currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Mr Iyamu told the court that although the matter was slated for arraignment, “the defendant is in the custody of the ICPC and cannot be produced this morning,” and urged the court to adjourn to March 10.

He further informed the court that based on discussions with the prosecution, the counsel had indicated that it would not oppose the bail application.

The prosecution confirmed in open court that the offences for which the defendant was charged are bailable.

The defence subsequently urged the court to hear the bail application before proceeding further with the case.

However, the prosecution opposed the immediate hearing of the bail application and asked that it be delayed for two weeks.

Counsel argued that granting bail at this stage would be premature since the defendant had not yet been arraigned. He also stressed that the defendant was not in their custody and therefore could not be produced before the court.

“It would have been different if the DSS had custody,” prosecution counsel submitted, urging the court to take that into consideration.

The defence countered that delaying the bail hearing for two weeks would amount to suppression, insisting that they did not take the defendant into custody and should not be prejudiced by the situation.

Relying on Section 159, defence counsel argued that the court has the power to order the presence of any person, whether or not the person is in the custody of the prosecuting agency.

In response, the prosecution asked that the defendant be produced the following day to enable arraignment and agreed that the court could take applications concerning citizens’ rights.

He added that he was certain that it was the DSS that transferred the defendant to the ICPC.

Delivering a short ruling, Justice Abdumalik, referring to Section 156, held that since the defendant had not been arraigned, he could not be granted bail.

“The case is premature,” the judge ruled, adjourning the matter to April 23, 2026.

The development comes amid mounting legal battles involving Mr El-Rufai.

The State Security Service (DSS) had filed cybercrime charges against the former governor over the alleged unlawful interception of the phone communications of the National Security Adviser, Nuhu Ribadu. The charges followed Mr El-Rufai’s claim during a live interview on Arise TV that he overheard a phone conversation in which the NSA allegedly directed security operatives to detain him.

Separately, Mr El-Rufai has filed a N1 billion fundamental rights enforcement suit against the ICPC, a magistrate, the Inspector-General of Police and the Attorney-General of the Federation over a raid on his Abuja residence.

In the suit marked FHC/ABJ/CS/345/2026, filed at the Federal High Court, Abuja, the former governor is challenging the validity of a search warrant issued on February 4 authorising the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja.

He contended that the warrant lacked particularity, contained material drafting errors, was overbroad in scope and unsupported by probable cause, thereby violating his constitutional right to privacy under Section 37 of the 1999 Constitution (as amended).

Mr El-Rufai is seeking N1 billion in damages, including N300 million as compensatory damages for psychological trauma, N400 million as exemplary damages, and N300 million as aggravated damages, as well as N100 million as cost of filing the suit.

The former governor remains in ICPC custody pending the conclusion of investigations and possible arraignment in related matters.