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By Oscar Okhifo
The Federal High Court sitting in Abuja on Tuesday adjourned the bail application of former Kaduna State Governor, Nasir El-Rufai, to Wednesday, as fresh concerns emerged over the legality of his earlier release from custody by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) while the application was still pending before the court.
Following the adjournment, operatives of the ICPC immediately re-arrested the former governor within the court premises and returned him to custody, where he is to remain pending the court’s decision on his bail request.
The development comes amid lingering controversy over Mr El-Rufai’s earlier release by the anti-graft agency last Friday, shortly after the announcement of his mother’s death, despite his bail application still being before the court.
The move has since drawn criticism from sections of the legal community and the public, with many questioning the legality of what they describe as an extra-judicial release and calling for a clear explanation of the process through which it was approved.
“My lord, the defendant has shown respect for this court and has no intention of evading trial. We urge the court to exercise its discretion in his favour,” defence counsel argued during Tuesday’s proceedings.
Opposing the application, prosecution counsel maintained that the charges against the former governor remain weighty and should be treated with caution.
“The allegations before this honourable court are serious in nature, and we urge the court to consider this in deciding the application for bail,” the ICPC counsel said.
Beyond the courtroom, critics have continued to raise concerns over what they describe as an extra-judicial action by the anti-graft agency.
Some lawyers argue that the development underscores perceived inconsistencies in the application of justice in the country.
“There must be transparency as to how a suspect whose bail is pending before a competent court was released without judicial pronouncement,” Inibehe Effiong, a legal practitioner, said.
Also reacting, veteran journalist Reuben Abati, described the development as troubling, questioning both its legal and ethical basis.
“The release of Malam Nasir El-Rufai from the custody of the ICPC on temporary, compassionate ground on Friday, March 27, following the death of his mother, Hajia Umma El-Rufai in Cairo, Egypt, raises legal, philosophical and communal belief issues that are at once controversial and discernible.
“The release is wrong. It is an abuse of due process. Malam was remanded in custody on the order of a competent court of law. Many have questioned this, especially as El-Rufai has maintained that he is a victim of political persecution,” Abati said.
As of the time of filing this report, neither the ICPC nor the Office of the Attorney General of the Federation has provided an official explanation or clarification regarding the circumstances surrounding the release.
Justice Joyce Abdulmalik, after hearing arguments from both sides, adjourned the matter to Wednesday April 1.
“This matter is hereby adjourned until Wednesday for ruling on the bail application,” the judge ruled.
The controversy has continued to generate public reactions, with some observers warning that such actions, if not properly explained, could erode confidence in the rule of law, especially when they appear to favour influential individuals.