Proceedings in the criminal trial of former Governor of Kaduna State , Mallam Nasir Ahmad El-Rufai, took a dramatic turn on Monday after he allegedly refused to appear before the Kaduna State High Court for the commencement of his accelerated trial, forcing the court to suspend further proceedings pending a decision by the state’s Chief Judge on an application seeking the trial judge’s recusal.
The trial court had earlier granted accelerated hearing in the case, fixing July 6, 7 and 8, 2026, for the commencement of hearing. However, despite the prosecution team and its witnesses arriving in court ahead of proceedings, El-Rufai was absent when the trial judge took the bench at about 9:15 a.m.
Lead prosecuting counsel, Chief Ayodeji Adedipe (SAN), informed the court that El-Rufai, who is in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), bluntly refused to follow operatives to court when they informed him it was time for the hearing.
According to the prosecution, the former governor insisted that he wanted to see his personal doctor. Adedipe, however, told the court that El-Rufai had made no prior request to the Commission to consult his physician. He further disclosed that when the Commission’s medical doctor examined him and asked whether he had any health complaints, the defendant reportedly stated that he had no medical issues but explained that his wife had requested that he see his personal doctor.
The prosecution also informed the court that moments before proceedings commenced, defence counsel served a motion on notice filed earlier that morning, asking the trial judge, Honourable Justice Darius Khobo to recuse himself from the case and seeking an order staying further proceedings pending the determination of the application.
Arguing against the application, Adedipe urged the court to proceed with the accelerated hearing, maintaining that El-Rufai’s refusal to appear amounted to wilful abstinence from trial. He submitted that the Kaduna State Administration of Criminal Justice Law (ACJL), 2017 empowers the court to continue criminal proceedings in absentia where a defendant deliberately absents himself and also prohibits applications seeking to stay criminal proceedings.
Counsel to the defendant, Ubong Akpan did not dispute the prosecution’s account of his client’s absence but urged the court not to continue with the hearing, informing the court that a petition had already been submitted to the Chief Judge of Kaduna State requesting that the matter be transferred to another judge. He argued that the pending application for recusal should first be determined.
In his ruling, the trial judge agreed with the prosecution that the Kaduna State ACJL permits the court to proceed against a defendant who deliberately refuses to attend trial and that applications seeking a stay of criminal proceedings are not recognised under the law. The judge further held that the filing of a motion for recusal could not automatically halt the criminal proceedings.
However, the court noted that since a formal petition requesting the transfer of the case had already been received by the Chief Judge, it would await the Chief Judge’s directive before proceeding with the substantive hearing. The court also directed the prosecution to file its response to the defendant’s application for recusal.
Following the agreement of counsel on both sides, the matter was adjourned until July 15, 2026, for the hearing of the motion for recusal, by which time the court expressed hope that the Chief Judge would have taken a decision on the defendant’s petition.
The ICPC is prosecuting Mallam El-Rufai on a nine-count amended charge bordering on alleged abuse of office, fraud, conferring undue advantage, irregular award and execution of public contracts, and unlawful handling of public funds during his tenure as governor.
