El-Rufai: ICPC opposes co-defendant’s bail application

File photo: ICPC Headquarters, Abuja

The Independent Corrupt Practices and Other Related Offences Commission has opposed the bail application filed by Jimi Lawal, the second defendant in the alleged financial misconduct case involving former Kaduna State Governor, Nasir El-Rufai, before the Federal High Court in Kaduna.

The court, presided over by Justice Hauwa’u Buhari, on Wednesday adjourned the hearing of Lawal’s bail application until Friday, October 16, 2026, while the substantive case was adjourned until December 8.

ICPC prosecution counsel, Ibrahim Mukhtar, disclosed this after the proceedings, saying the commission had filed a counter-affidavit opposing the application.

“We have already filed a counter-affidavit to it. So, we are opposing the application,” Mukhtar said.

He, however, declined to disclose the grounds for opposing the bail request, explaining that the prosecution was yet to present its arguments before the court.

“We have not presented the argument before the court. We are here to move the counter-affidavit, so I’m not commenting on it,” he added.

Lawal’s counsel had urged the court to grant his client bail on medical grounds, arguing that his health condition warranted his release.

The defence also argued that the prosecution should not oppose the application, having previously granted the defendant administrative bail.

Counsel maintained that the medical grounds presented before the court justified the request for bail.

However, the prosecution sought more time to study a further affidavit filed by the defence in response to its counter-affidavit.

Counsel for El-Rufai, Mustapha Abubakar (SAN), told journalists that a new prosecution counsel had announced his appearance and requested time to familiarise himself with the case.

Abubakar said the defence team representing the former governor was also newly appearing in the matter and supported the request for an adjournment to enable it to take over the brief from the previous counsel.

“On the part of the first defendant, we were also coming in as new counsel because he was previously represented by another counsel.

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“We aligned ourselves with the application for adjournment made by the prosecution’s counsel and agreed that the matter be adjourned so that we would also be able to effectively take over the brief from the former counsel,” he said.

He said the substantive case was subsequently adjourned until December 8 for hearing.

On Lawal’s bail application, Abubakar said the motion, the prosecution’s counter-affidavit and the further affidavit filed by the defence were before the court.

He explained that the prosecution requested more time to study the further affidavit, which was served on it on Wednesday.

According to him, the defence agreed to the adjournment in the interest of a fair hearing, although the bail application had already been moved.

“Incidentally, the counter-affidavit that was responded to by way of the further affidavit was filed and served this morning. Hence, the further affidavit came in this afternoon.

“But in obedience to the rule of fair hearing, counsel for the second defendant agreed to an adjournment to enable the prosecution to study the processes and be in a position to respond,” Abubakar said.

Mukhtar said the charges against the defendants bordered on alleged financial misconduct and comprised about seven counts.

He, however, stressed that the trial had yet to commence and that no witnesses had been presented before the court.

El-Rufai, who governed Kaduna State from 2015 to 2023, arrived at the Federal High Court on Wednesday amid tight security, a day after appearing before the Kaduna State High Court for proceedings in a separate case.

The former governor and Lawal are facing allegations in the ongoing proceedings, which have yet to be determined by the court. Both defendants are presumed innocent until proven guilty.

The court is expected to hear Lawal’s bail application on Friday, while the substantive case is scheduled to come up on December 8.