*Says no basis for such indulgence
*El-Rufai accuses judge of predetermining his fate, working for his political adversaries in Southern Kaduna
The Chief Judge of Kaduna State, Justice Muhammad Aliyu, has declined the request by a former governor of the state, Nasir El-rufai for the transfer of a criminal involving him (El-rufai) to a new judge.
El-rufai is being prosecuted before Justice Darius Khobo of the High Court of Kaduna State by the Independent Corrupt Practices and other related offences Commission (ICPC) on a nine-count charge.
El-rufai and his lawyers wrote two petitions and prayed that the case be transferred from Justin Khobo to another judge of the court, raising sundry allegations.
Justice Aliyu, in an August 19 letter to Justice Khobo, said he found no merit in the two petitions written by El-rufai and his lawyer, Unong Akpan, praying that the case be reassigned to another judge.
Part of the CJ’s letter read, “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.
“Pursuant to the powers conferred on me under Section 111(1)-(4) of the Kaduna State Administration of Criminal Justice Law, 2017, a body of three reputable legal practitioners was constituted to investigate the petitions and submit its report. The committee submitted its report yesterday, 18th August, 2026.
“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.
“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.”
El-rufai had, in his July 6 petition, made a number of allegations against Justice Khobo, including accusing him of being bias and allegedly pronouncing his guilt even before the substantive trial, claiming that judge’s ruling of June 10 was a pre-judgment of his guilt and character.
El-rufai also accused the judge of working for his political adversaries in Southern Kaduna, who he claimed were bent on getting back at him for what he did while in office as the governor of the state.
He claimed that Justice Khobo attended some meetings of some Southern Kaduna leaders where he allegedly promised to ensure his (El-rufai’s) conviction.
El-rufai said in the petition to the CJ: “I have been reliably informed by my network of loyalists, and I verily believe, that Hon. Justice Darius Hyet Khobo has attended no fewer than three interactions in Kaduna metropolis and Southern Kaduna with some Southern Kaduna political, religious and community leaders.
“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.
‘Your lordship, I Initially doubted this Information, but I am informed that these statements were received with acclamation by the Southern Kaduna leaders present, and that the learned trial judge was explicit in linking his judicial conduct to the political grievances of certain Southern Kaduna leaders against my administration as Governor of Kaduna State from 2015 to 2023.
“Your Lordship will recall that my administration took decisive actions to dismantle the political and economic structures that had enabled decades of violent political hostage behaviour in Southern Kaduna.
“By putting in place a military base and two mobile police squadrons in Kafanchan, Navy Special forces in Kachia and plans to complete the abandoned mobile police facility in Zanagon Kataf, we essentially broke the backbone of a Southern Kaduna cabal that had profited from conflict, that had weaponized ethnicity for political and financial gain, and that had held the people of that region hostage to their self-serving agenda.
“Those decisions and actions were lawful, they were necessary, and they were vindicated by the restoration of relative peace to the region during my tenure. Indeed, since the first attempt at instigating communal violence affecting three local governments in December 2016, there was no recurrence of such for seven years – the longest time in the history of the state that crisis of that nature did not occur.
“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.
“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.
“That he has attended political gatherings disguised as funerals and social events in the heartland of my political adversaries and promised them the outcome they desire. That he has converted the bench into an instrument of political retribution.
“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.
“I am prepared to disclose the identities of persons present at these interactions, if needed, to the appropriate authorities in camera, and to produce such further information as may be made available by my loyalists in support these allegations.
“I believe this pressure to deal with The El Rufai Problem is the reason for the puzzling conduct, decisions and pronouncements of the learned trial judge.
“My Lordship, as the former governor of our state, I do not make these allegations lightly. I make them because my liberty, my reputation, and my life are at stake, and because I cannot obtain justice before a tribunal whose presiding officer has already promised my conviction to persons that have serious grudges against me,” El-rufai said.
The former governor of Kaduna State urged the CJ to examine the June 10 ruling by Justice Khobo, which he complained about, a copy of which he attached to the petition.
He prayed the CJ to “transfer Charge No. KDH/KAD/ICPC/01/2026 from the docket of Hon. Justice Darius Hyet Khobo and re assign it to any other judge of the High Court of Justice, Kaduna State, before whom the substantive trial may proceed”
El-rufai also requested that the CJ directs “that my pending applications in the matter — including the disclosure and strike out motions held over pending the bail ruling — be heard de novo by the judge to whom the matter is re assigned.
He added, “For the avoidance of doubt, I do not by this letter seek bail, nor any review of the merits of the bail ruling, nor any interference with the appeal pending before the Court of Appeal, the determination of which is reserved to that court.”
In his petition of June 30 El-rufai’s lawyer equally accused the trial Judge of being biased and made similar requests as contained in the earlier petition by El-rufai.
COURTESY: The Nation Nigeria
