Justice D. H. Khobo delivered the decision on April 21, 2026, in a case instituted by the Federal Republic of Nigeria through the Independent Corrupt Practices and Other Related Offences Commission.
El-Rufai had filed a motion dated March 25, 2026, urging the court to grant him bail “either on self-recognisance or upon such liberal terms as the Court may deem fit.”
In his application, brought under Sections 35(4) and 36(5) of the 1999 Constitution (as amended) and provisions of the Kaduna State Administration of Criminal Justice Law (ACJL) 2017, he maintained that the charges were not capital offences and therefore qualified for bail.
He also argued that his established ties within the community, fixed residences, and significant assets eliminated any possibility of absconding.
The former governor further told the court he returned voluntarily from Egypt on February 16, 2026, in response to an invitation by the EFCC, while also challenging the validity of the amended charges, describing them as “fundamentally defective” and “unintelligible.”
He additionally cited health issues, claiming he required specialised medical care.
However, the ICPC opposed the request in a counter-affidavit sworn by Idris Abubakar, insisting the allegations were grave and “economically sabotaging.”
The agency argued that El-Rufai posed a flight risk and could interfere with witnesses or ongoing investigations involving other suspects.
It also referenced an alleged incident at the Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, where he was accused of obstructing law enforcement officers.
The commission further dismissed his health claims, noting the absence of any medical report to support them.
In his ruling, Justice Khobo held that the seriousness of the nine-count charge, alongside concerns about interference and obstruction, made it inappropriate to grant bail at this stage.
The court stated, “In the instant application, given the gravity of the nine-count charge against the Defendant/Applicant, the Respondent’s credible apprehension regarding the interference with the ongoing investigations linked to other persons still at large… the interest of justice is best served by ensuring the Applicant remains available for an accelerated trial.”
On the issue of health, the judge ruled that the defence had not provided sufficient proof, stating, “The Applicant in my view has failed to provide sufficient medical evidence to justify the grant of bail on health grounds.”
Consequently, the court held, “Accordingly, the Defendant/Applicant’s application for bail pending trial fails and is hereby REFUSED.”
Justice Khobo ordered that El-Rufai “shall remain in the custody of the Respondent (ICPC) pending the commencement of the trial,” while directing that proceedings be fast-tracked.
Hearing dates were fixed for June 1, 2, 3, and 4, 2026, for day-to-day trial sessions, following agreement between both prosecution and defence teams.
For now, the former governor remains in the custody of the anti-graft agency as preparations for the main trial continue.