El-Rufai’s bid to transfer trial fails as Kaduna CJ backs justice Khobo

El-Rufai

Former Kaduna State Governor, Mallam Nasir Ahmad El-Rufai’s bid to have his ongoing criminal trial transferred from Justice Darius Hyet Khobo to another judge of the Kaduna State High Court has suffered a setback, with the Chief Judge of the state, Justice Muhammadu Tukur Mu’azu Aliyu, saying a three-member committee found no basis for the transfer.

The Chief Judge disclosed this in a letter dated August 19, 2026, addressed to Justice Khobo, following petitions submitted by El-Rufai and his counsel seeking the transfer of the charge marked KDH/KAD/CPC/01/2026 between the Federal Republic of Nigeria v. Mallam Nasir Ahmad El-Rufai, from the judge.

Justice Aliyu said he had considered the petitions dated June 30 and July 6, 2026, respectively, as well as Justice Khobo’s responses dated July 16.

He said he subsequently exercised his administrative powers under Section 111(1)-(4) of the Kaduna State Administration of Criminal Justice Law, 2017, to constitute a three-member committee of “reputable legal practitioners” to investigate the allegations contained in the petitions.

According to the Chief Judge, the committee submitted its report on August 18, 2026, and found no justification for the exercise of his administrative powers to transfer the case to another judge.

“The Committee found no basis for the exercise of my administrative powers to transfer the matter from Your Lordship to another Judge of the High Court of Justice, Kaduna State,” Justice Aliyu stated.

He consequently directed Justice Khobo to continue with the trial.

“Accordingly, Your Lordship shall proceed with the hearing and determination of the matter in accordance with the law and fairness,” the Chief Judge said.

The development effectively clears the way for Justice Khobo to continue trial over the criminal proceedings against the former governor.

El-Rufai had, in his July 6 petition, alleged that he had lost confidence in Justice Khobo’s ability to preside over the case impartially.

The former governor’s legal team anchored the request principally on a ruling delivered by Justice Khobo on June 10, 2026, in which the judge reportedly refused El-Rufai’s second application for bail.

According to the petition, El-Rufai alleged that portions of the ruling contained language which, in his view, suggested that the judge had formed prejudicial conclusions about his character and conduct before the substantive trial had been concluded.

The petition reportedly took particular exception to references to El-Rufai as a “lawbreaker” and to an alleged “clear pattern of disregard for the rule of law.”

His lawyers also challenged the judge’s reliance on alleged death threats said to have been made against him, arguing that the threats were based on a video fragment which, according to them, was hearsay and had not been formally annexed to the relevant affidavits.

The petition further alleged that the judge’s description of the charges against El-Rufai as “weighty and economically sabotaging” amounted to a prejudgment of issues that ought to be determined at trial.

Beyond the courtroom, El-Rufai made more serious allegations against the judge, claiming that Justice Khobo had attended social gatherings involving political and religious figures in Southern Kaduna between March and May 2026.

The former governor alleged that commitments were made during some of those encounters to deny him bail and ultimately secure his conviction.

He consequently argued that the judicial process risked being used as an “instrument of political retribution.”

Those allegations were placed before the Chief Judge as part of the basis for seeking an administrative transfer of the case.

El-Rufai’s petition, however, did not ask the Chief Judge to overturn Justice Khobo’s bail ruling.

Rather, he sought the administrative reassignment of the case to another judge, arguing that a defendant facing criminal charges should have his case determined by a judge whose impartiality is not reasonably in question.

He also requested that pending applications, including motions challenging the charges, be heard de novo by any newly assigned judge.

The criminal proceedings arise from a nine-count amended charge filed against the former governor.

The allegations include inducing benefits under false pretences, criminal breach of trust involving loan funds and alleged violations of the Kaduna State Public Procurement Law. El-Rufai has denied wrongdoing.

At the time of his petition, he had reportedly spent 140 days in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

He also cited health concerns, including an alleged serious prostate-related ailment, in arguing for urgent judicial consideration of his circumstances.

He further maintained that his voluntary return to custody after attending his mother’s funeral prayers demonstrated that he was not a flight risk.

With the Chief Judge now relying on the committee’s finding that there was no basis for transferring the case, Justice Khobo is expected to continue with the hearing and determination of the criminal charge.

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