The Kaduna Division of the Court of Appeal has dismissed an appeal filed by former Governor, Nasir El-Rufai, against the judgement of the High Court denying him bail.
In a ruling delivered by Justice Onyekachi Aja Otisi, a Certified True Copy (CTC) of which was sighted by Saturday Telegraph, the appellate court upheld the judgement of the lower court handed down on June 10.
The former minister of FCT is being prosecuted by the independent Corrupt Practices And Other Related Offences Commission (ICPC) on offences under the Advance Fee Fraud and Other Fraud Related Offences Act, 2006; the Corrupt Practices and Other Related Offences Act, 2000, the Kaduna State Penal Code Law 2017, and the Kaduna State Public Procurement Law.
Dissatisfied with the decision of court of first instance, the appellant filed a notice of appeal on 6 July seeking among others a determination on “whether the learned trial Judge exercised his discretion under a misapprehension of fact by discounting or ignoring incontroverted exculpatory evidence…”
In his ruling, Justice Otisi held that the appeal lacked merit and, therefore, dismissed same.
Part of the judgement reads: “The Appellant did not place before this Court any particulars or argument to suggest that there has been no implementation of the Order for accelerated hearing.
“There is, therefore, no indication before this Court to show that the Respondent has failed to diligently prosecute the matter.
“It my be added that, if the prosecution is found wanting in the diligent prosecution of the charge, the Appellant may approach the lower Court for further consideration off his bail.
“All considered, I am not inclined to interfere with the exercise of discretion by the lower Court, which was premised on the Affidavit evidence placed before it.
“The sole issue for determination is, for the above reasons, resolved against the Appellant, and in favour of the Respondent.
“There is no merit in this Appeal. It fails nd is hereby dismissed. The ruling of the lower Court”.
