A Kaduna State High Court has ordered former Kaduna State Governor, Nasir El-Rufai, to remain in custody of the Independent Corrupt Practices and Other Related Offences Commission pending a ruling on his bail application, raising uncertainty over his participation in the African Democratic Congress primaries.
The trial judge, Justice Darius Khobo, gave the order on Tuesday after hearing arguments from both the prosecution and defence, and fixed the first week of June for ruling on the bail application.
With the development, Mr El-Rufai may be unable to take part in activities leading to the presidential, governorship and National Assembly primaries of the ADC.
According to the timetable released by the Independent National Electoral Commission, party primaries are scheduled to run from April 23 to May 30, 2026.
ADC leadership crisis
The ADC has yet to fix a date for its presidential primary, amid an ongoing leadership tussle between factions led by former Senate President David Mark and Nafiu Bala.
The Supreme Court of Nigeria has fixed Wednesday for the hearing of an appeal arising from the crisis over the party’s authentic leadership.
Charges and proceedings
Mr El-Rufai is standing trial on an amended nine-count charge bordering on alleged fraud, abuse of office and corruption.
The ICPC had earlier amended the charges, making him the sole defendant before the Kaduna State High Court.
A Federal High Court had previously granted him bail in the sum of N200 million with additional conditions.
However, at Tuesday’s proceedings, arguments centred on a fresh bail application, which was opposed by counsel for the ICPC.
The prosecution argued that granting bail could undermine ongoing investigations, alleging that the defendant might interfere with witnesses or evidence.
The court declined to give an immediate ruling and instead ordered that Mr El-Rufai remain in ICPC custody pending its decision.
Defence reaction
Reacting, counsel to the defendant, Ubong Akpan, criticised the court’s position.
“The court, in its wisdom, decided that because Nasir El-Rufai is a former governor, he is going to interfere with the investigation. Therefore, he is not entitled to bail… We respectfully disagree,” he said.
Mr Akpan said the defence team would challenge the decision through legal means.
“The next step is to take the legal steps required to challenge it. We will respond through the proper legal process,” he added.
He also alleged political undertones in the case.
“From the beginning, everything about Nasir El-Rufai’s travails has always been political. This is mainly the legal arm of it,” he said.
He urged supporters to remain calm.
“Don’t allow fear to take over… We are going to take this battle on, and we are going to win,” Mr Akpan stated.
Background
Mr El-Rufai returned to Nigeria from Cairo, Egypt, on 12 February 2026, and has since been involved in multiple legal proceedings, including investigations by the Economic and Financial Crimes Commission, the ICPC, and the Department of State Services.
The court’s decision could significantly affect Mr El-Rufai’s political prospects within the ADC, particularly as party primaries approach amid ongoing legal and internal party challenges.
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