The Court of Appeal sitting in Kaduna has dismissed an appeal by former Kaduna State Governor Nasir El-Rufai challenging the refusal of his fresh bail application by the Kaduna State High Court.

In a unanimous judgment delivered on Thursday, a three-member panel held that El-Rufai had failed to establish fresh facts or special circumstances that would justify interfering with the lower court’s decision.

The lead judgment, delivered by Justice Onyekachi Aja Otisi, affirmed the ruling of the Kaduna State High Court, which rejected El-Rufai’s second bail application on June 10, 2026.

El-Rufai, who governed Kaduna State from 2015 to 2023, is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission ICPC over alleged financial offences linked to his administration. He has denied wrongdoing.

The former governor approached the appellate court after the lower court refused his application for release pending trial. However, the appeal court held that the trial judge had exercised judicial discretion appropriately, based on the affidavit evidence presented by both parties.

The panel also considered the prosecution’s argument that some of El-Rufai’s public statements, including remarks made during a televised interview, raised concerns about possible interference with the administration of justice.

The prosecution further alleged that El-Rufai admitted during an Arise Television interview on April 26, 2026, to wiretapping the telephone line of the National Security Adviser. The allegation relates to a separate case.

The appellate court stressed that its decision on bail did not amount to a finding of guilt, emphasising that El-Rufai remained presumed innocent until proven otherwise.

The court also examined the former governor’s argument that his return to custody after attending his late mother’s burial demonstrated that he was not a flight risk.

However, the panel noted that he had been accompanied and monitored by security agents during the burial period. It also observed that photographs referred to in his affidavit as evidence of his attendance at funeral prayers at the National Mosque in Abuja had not been attached to the application before the trial court.

Justice Otisi said courts could not base decisions on speculation or conjecture, adding that the absence of the documents weakened the argument presented by the appellant.

The court consequently upheld the lower court’s refusal to grant bail and its order for an accelerated hearing of the criminal case, with proceedings to continue on a day-to-day basis as far as practicable.

The panel noted that there was no evidence that the prosecution had failed to pursue the case diligently. It added that El-Rufai could return to the trial court to seek further consideration of bail if the prosecution failed to proceed with the case diligently.

Justices Abimbola Obaseki-Adejumo and Lateef Ganiyu concurred with the lead judgment, agreeing that the former governor had not established sufficient grounds for overturning the lower court’s decision.

The ruling leaves El-Rufai in ICPC custody as proceedings in the alleged financial offences case continue.