The Kaduna state high court on Tuesday, April 21, denied the bail application of Nasir el-Rufai, former governor of the state.

Darius Khobo, the presiding judge, held that it was in interest of justice for el-Rufai to remain in custody in order to be available for trial.

The former governor was arraigned by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on nine counts bordering on alleged conferment of benefit under false pretences and dishonest disposal of loan funds.

El-Rufai, however, pleaded not guilty to the charges.

Journalists were barred from the court proceedings, with reporters relying on information from counsel to report the issues.

TheCable has obtained the certified true copy (CTC) of the ruling delivered on April 21.

THE RULING

During the court proceedings, the judge said el-Rufai’s bail application was supported by a 24-paragraph affidavit deposed to by Muhammed Bala Aliyu.

The judge said el-Rufai argued that the offences are non-capital, noting that he is a former governor with deep community ties.

Khobo added that el-Rufai said he voluntarily returned from Egypt, that the charge is fundamentally defective, and that he has health conditions requiring specialist monitoring.

The judge said the ICPC opposed the bail application and filed a nine-paragraph counter-affidavit dated April 13, deposed to by Idris Abubakar.

Khobo said the ICPC argued that the offences against el-Rufai are “economically sabotaging” and that there is a “genuine fear of interference with witnesses and ongoing investigations involving other persons still at large.”

The ICPC said el-Rufai obstructed law enforcement officers at Abuja airport in February and that the former governor is a “flight risk with the means to evade trial due to his high standing in society.”

The commission also said “no medical evidence was provided to substantiate the claim of ill health” by el-Rufai.

Ubong Akpan, counsel to el-Rufai, told the court that the defendant’s prayer for bail was “anchored primarily on constitutional and statutory presumptions in favour of liberty.”

Osuobeni Akponimisingha, counsel to ICPC, opposed the bail application, urging the court to prioritise the severity of the alleged economic crimes and the risk of interference.

In his ruling, the judge said el-Rufai’s bail application “relies heavily” on his status as a former governor and former minister, adding that his “high status is a double-edged sword”.

The judge said the apprehension of ICPC that the release of el-Rufai may sabotage the ongoing investigations into other suspects still at large is “a weighty consideration”.

The judge held that ICPC made “weighty depositions” in its counter-affidavit to justify why the bail application should not be granted, adding that the applicant failed to file a further affidavit to counter the respondent.

It is, however, noteworthy here that inspite these weighty depositions in the Prosecution/Respondent’s counter affidavit which sought to controvert the depositions in the Applicant’s supporting affidavit, the Applicant never deemed it fit to file a further and better affidavit to further controvert the said weighty depositions in the Prosecution/Respondent’s counter affidavit,” the judge said.

“In the instant case, therefore, failure to file a further affidavit by the applicant to further controvert the above-outlined weighty depositions in the Respondent’s counter affidavit leaves the said weighty depositions in the counter affidavit unchallenged and deemed to be admitted as being correct, and I so hold.

The law is trite: if in an application for bail pending trial there is good reason to believe or strongly suspect that the accused will jump bail, thereby making himself unavailable to stand his trial, and/or will interfere with the witnesses, thereby constituting an obstacle in the way of justice, the Court will be acting within its undoubted discretion to refuse bail.

“In the instant application, the applicant alluded to facts that he has health conditions requiring specialist monitoring, but the applicant did not attach any medical evidence to substantiate his claim of ill-health.

“The law is settled that where an application for bail seeks to lay claim to ill-health, credible evidence in that branch of medicine ought to be made available before the court by the Applicant.

“Accordingly, the Defendant/Applicant’s application for bail pending trial fails and is hereby REFUSED.

“The Defendant/Applicant shall remain in the custody of the Respondent (ICPC) pending the commencement of the trial.

“The Respondent/Prosecution is hereby ordered to ensure the trial of the Defendant commences expeditiously and shall be given an accelerated hearing by this Court on a day-to-day basis where practicable.”

Afterwards, the prosecutor and el-Rufai’s counsel agreed that the trial should commence the first week of June.