Kaduna CJ rejects el-Rufai’s bid to transfer trial to another judge
By Mohammed Ismail
The Chief Judge of Kaduna State, Justice Muhammad Tukur Aliyu, has rejected former Governor Nasir El-Rufai’s request for the transfer of his ongoing criminal trial from Justice Darius Hyet Khobo to another judge of the Kaduna State High Court.
Justice Aliyu, in a letter dated August 19, 2026, said he found no sufficient grounds to exercise his administrative powers to reassign the case after considering petitions submitted by the former governor and his legal team.
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The Chief Judge consequently directed Justice Khobo to proceed with the hearing and determination of the case in accordance with the law and the principles of fairness.
The decision followed petitions dated June 30 and July 6, respectively, in which El-Rufai and his counsel, led by Ubong Akpan, accused the trial judge of bias and alleged that his previous rulings suggested that he had already formed an opinion about the former governor’s guilt.
El-Rufai is facing a nine-count amended charge dated April 10, 2026, involving alleged advance-fee fraud and corruption-related offences. He has pleaded not guilty to the allegations.
His request for a change of judge was triggered largely by Justice Khobo’s refusal to grant him bail pending the determination of the case.
In his personal petition to the Chief Judge, El-Rufai alleged that certain portions of the judge’s ruling amounted to a prejudicial assessment of his character before the prosecution had presented its evidence.
He particularly objected to the judge’s reference to what he described as his alleged “un-retracted death threats” against prosecutors, witnesses or anyone attempting to criminalise him.
The former governor argued that the judge had misinterpreted a video in which he said he was defending his innocence and reputation.
El-Rufai also alleged that Justice Khobo had been subjected to pressure by individuals he described as political adversaries and a “vengeful cabal,” arguing that such circumstances could undermine his right to a fair hearing.
He maintained that he was not seeking to evade trial, insisting that he was prepared to face the charges before another judge whom he believed could approach the case without prejudice.
“I seek only what the Constitution guarantees: a fair hearing before an impartial tribunal,” El-Rufai stated in his petition.
He asked the Chief Judge to withdraw the case from Justice Khobo’s docket and reassign it to another judge of the Kaduna State High Court.
He also requested that pending applications in the case be heard afresh by the judge to whom the matter might be reassigned.
However, following consideration of the petitions and the response from Justice Khobo, the Chief Judge constituted a three-member committee of legal practitioners to investigate the allegations..The committee submitted its report on August 18.
According to Justice Aliyu, the committee found no basis for transferring the case from Justice Khobo to another judge.
“I have studied and considered the petitions dated June 30, 2026 and July 6, 2026, respectively submitted by Counsel for the Defendant and the Defendant, as well as Your Lordship’s responses,” the Chief Judge stated.
He said the committee’s findings did not justify the exercise of his administrative powers to reassign the matter.
“Accordingly, Your Lordship shall proceed with the hearing and determination of the matter in accordance with the law and fairness,” Justice Aliyu directed.
The ruling that prompted El-Rufai’s petitions followed his unsuccessful applications for bail.
Justice Khobo had earlier held that the former governor failed to establish special circumstances or changed facts that would warrant a departure from an earlier decision refusing him bail.
The judge also cited the seriousness of the charges, alleged threats and concerns over possible interference with ongoing investigations as reasons for continuing his detention.
El-Rufai has challenged the bail decision and maintained that his detention violates his constitutional rights.
In his petition, the former governor also claimed that he had spent about 140 days in custody and expressed concern about his deteriorating health.
Despite the allegations of bias, the Kaduna Chief Judge has now directed Justice Khobo to continue with the substantive trial.
The decision means the case will remain before Justice Khobo unless a higher court intervenes or circumstances arise that legally warrant a different judicial arrangement.
