Former Kaduna State Governor Nasir El-Rufai, has suffered a setback in his ongoing criminal trial after the Chief Judge of Kaduna State, Justice Muhammad Aliyu, rejected his request for the case to be transferred to another judge.
Justice Aliyu dismissed two separate petitions seeking the removal of Justice Darius Hyet Khobo from the case.
The petitions were filed by El-Rufai and his counsel, Ubong Akpan, who raised allegations of bias against the trial judge and asked that the case be reassigned to another judge of the Kaduna State High Court.
The decision means Justice Khobo will continue to preside over the criminal case instituted against the former governor by the Independent Corrupt Practices and Other Related Offences Commission.
El-Rufai is facing a nine-count charge before the Kaduna State High Court, involving allegations of abuse of office, fraud and other financial offences allegedly committed during his tenure as governor between 2015 and 2023.
He pleaded not guilty to the charges.
The ICPC initially filed the case against El-Rufai and businessman Amadu Sule. However, the charge was later amended after Sule’s continued absence from court, allowing the prosecution to proceed with the case against the former governor separately.
The anti-corruption agency said the charges arose from alleged financial and administrative infractions during El-Rufai’s eight-year administration.
The latest development followed petitions submitted on June 30 and July 6, 2026, by El-Rufai and his lawyer.
In the petitions, they questioned the conduct of Justice Khobo and sought the intervention of the Chief Judge to transfer the case to another judge.
Justice Aliyu said a three-member committee constituted to investigate the complaints found no basis for removing Justice Khobo from the case.
In a letter dated August 19 and addressed to Justice Khobo, the Chief Judge said he had considered the petitions, the trial judge’s responses and the report of the committee established to investigate the allegations.
The committee submitted its report on August 18.
Justice Aliyu said: “I have studied and considered the petitions dated 30th June, 2026 and 6th July, 2026, respectively, submitted by counsel for the defendant and the defendant, as well as your lordship’s responses to the said petitions dated 16th July, 2026.”
He added that a panel of three reputable legal practitioners had been constituted under his administrative powers to investigate the complaints.
“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,” he said.
The Chief Judge consequently directed Justice Khobo to continue with the proceedings.
“Accordingly, your lordship shall proceed with the hearing and determination of the matter in accordance with the law and fairness. Please accept the assurances of my highest regards,” Justice Aliyu stated.
El-Rufai’s Allegations Against Judge
In his July 6 petition, El-Rufai accused Justice Khobo of bias and alleged that the judge had effectively predetermined the outcome of his trial through a ruling delivered on June 10.
The former governor also alleged that Justice Khobo had attended meetings involving political, religious and community leaders from Southern Kaduna.
According to El-Rufai, information available to him suggested that the judge had made commitments at some of the gatherings concerning the outcome of his trial.
El-Rufai said he had been informed by members of his network that Justice Khobo attended at least three gatherings in Kaduna metropolis and Southern Kaduna involving political, religious and community leaders.
He alleged that the meetings took place between March and May 2026 and were presented as social or family events.
“At these interactions disguised as social or family events, which took place between March and May 2026, the learned trial judge made firm commitments and statements to the effect that he would never grant me bail, and that he would ensure my conviction when the time came,” El-Rufai stated.
The former governor linked the alleged conduct to political grievances arising from his administration’s policies during his eight years in office.
He maintained that his administration had taken measures to confront insecurity and political structures in Southern Kaduna, which he alleged created enemies who were now seeking to use the criminal case against him.
“But for this and other reasons, my administration and I made enemies. And those enemies have found, in the person of Hon. Justice Darius Hyet Khobo, a judicial instrument for their vengeance,” he alleged.
He added: “I do not allege that the learned trial judge is himself a member of this cabal, even though he could as well be. I allege something more dangerous: that he has allowed himself to be used as its instrument.”
El-Rufai argued that the alleged conduct had undermined his confidence in receiving a fair trial.
He said: “Your Lordship, a judge who attends what are clearly political interactions in the stronghold of the defendant’s adversaries and promises them his conviction is not a judge. He is a participant in a conspiracy against the defendant.”
The former governor subsequently asked the Chief Judge to transfer Charge No. KDH/KAD/ICPC/01/2026 to another judge.
He also requested that his pending applications in the case be heard afresh by whichever judge would take over the matter.
However, El-Rufai clarified that his petition was not an attempt to ask the Chief Judge to determine his bail application or interfere with any appeal pending before the Court of Appeal.
