The trial of former Kaduna State Governor, Mallam Nasir Ahmad El-Rufai, suffered a fresh setback on Tuesday after the Kaduna State High Court adjourned proceedings pending a decision by the state’s Chief Judge on an application seeking the transfer of the case to another judge.
Justice Darius Khobo fixed July 15, 2026, for the hearing and determination of El-Rufai’s application for recusal after the defence challenged the court’s impartiality and petitioned the Chief Judge to reassign the case.
The matter, earlier scheduled for accelerated hearing on July 6, 7 and 8, could not proceed after El-Rufai failed to appear in court.
Lead prosecuting counsel, Chief Ayodeji Adedipe (SAN), told the court that the former governor, who is in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), declined to accompany operatives to court, insisting on seeing his personal doctor.
According to the prosecution, El-Rufai neither made a prior request to the commission to consult his physician nor complained of any illness when examined by the ICPC’s medical doctor. Rather, he reportedly stated that he wished to honour his wife’s request to see his personal doctor.
Adedipe also informed the court that the defence had served the prosecution with a motion seeking Justice Khobo’s recusal and a stay of proceedings pending the determination of the application.
He opposed the request, arguing that the Kaduna State Administration of Criminal Justice Law (ACJL), 2017, empowers the court to continue with criminal proceedings where a defendant deliberately absents himself and does not recognise applications seeking a stay of criminal trials.
Counsel to the defendant, Ubong Akpan, urged the court not to proceed with the accelerated hearing, explaining that a formal petition had already been submitted to the Chief Judge requesting that the case be reassigned to another judge.
Akpan argued that, with the recusal application pending before the court and the transfer request before the Chief Judge, further proceedings should be suspended until a decision is reached.
In his ruling, Justice Khobo agreed with the prosecution that the ACJL permits a court to proceed where a defendant wilfully refuses to attend trial and that the mere filing of a recusal application does not automatically halt criminal proceedings.
The judge, however, held that since the Chief Judge had already received a formal petition seeking the transfer of the case, the court would await his directive before continuing with the substantive trial. He also directed the prosecution to file its response to the recusal application.
The matter was consequently adjourned to July 15, with the expectation that the Chief Judge would have taken a decision on the transfer request before the next sitting.
El-Rufai is standing trial on a nine-count amended charge bordering on alleged abuse of office, fraud, conferring undue advantage, irregular award and execution of public contracts, money laundering, and unlawful handling of public funds during his tenure as governor of Kaduna State.
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