El-Rufai: Court orders day-to-day trial after rejecting recusal bid

The Kaduna State High Court has dismissed an application filed by former Kaduna State Governor, Nasir Ahmed El-Rufai, seeking the recusal of Justice Darius Khobo from his ongoing trial, and ordered that the substantive case continue on a day-to-day basis, as practicable.

The ruling followed an application by El-Rufai’s defence challenging Justice Khobo’s continued participation in the trial. The defence had previously filed multiple applications seeking the judge’s recusal, with one eventually argued before the court.

In its ruling last week, the court held that El-Rufai had not waived his right to complain of alleged bias through his conduct. However, it found that the multiple processes filed before the Court of Appeal and the Kaduna State High Court constituted an abuse of court process.

The court considered three issues in determining the application.

On whether the applicant had waived his right to complain of alleged bias by his conduct, the court resolved the issue in favour of El-Rufai, holding that the right had not been waived.

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However, on whether there had been an abuse of court process, the court ruled in favour of the respondent, finding that the multiple processes filed before the Court of Appeal and the State High Court amounted to an abuse of process.

The third issue, concerning whether there was a likelihood of bias against El-Rufai, was also resolved in favour of the respondent.

The court held that the applicant had failed to establish a likelihood of bias against Justice Khobo.

Consequently, the court found the application for recusal lacking in merit and dismissed it.

The court thereafter directed that the trial on the substantive charge should continue on a day-to-day basis, as practicable in the circumstances.

It further ordered that El-Rufai remain in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) pending the continuation of the trial.

The case was adjourned to October 12 and 13, 2026, for accelerated hearing.

El-Rufai is facing an amended nine-count charge brought by the ICPC relating to alleged abuse of office, fraud, money laundering, irregular award and execution of public contracts, and alleged unlawful handling of public funds during his tenure as governor.

He has pleaded not guilty to the charges.

The recusal application was part of a series of legal steps taken by the former governor’s defence in challenging Justice Khobo’s continued conduct of the trial. In August, the Kaduna State Chief Judge, Justice Muhammadu Tukur Mu’azu Aliyu, also rejected a separate request to transfer the case to another judge after a three-member committee found no basis for such a transfer.