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El-Rufai: Court Rejects Application To Remove Justice Khobo From Trial, Orders Day-To-Day Trial

Key Takeaways

  • Justice Darius Khobo of the Kaduna State High Court dismissed the application seeking his recusal from the trial of former Kaduna State Governor, Nasir El-Rufai.
  • Justice Khobo ruled that while the right to raise alleged bias was not waived, filing multiple processes at the Appeal Court and High Court abused process.
  • The court ordered day-to-day trial where practicable, kept the defendant in ICPC custody, and adjourned the case to October 12 and 13, 2026.

The Kaduna State High Court has dismissed an application seeking the recusal of Justice Darius Khobo from the trial of former Kaduna State Governor, Nasir El-Rufai.

The ruling, delivered last week, followed an application challenging the judge over alleged bias.

Justice Khobo held that the applicant had not waived his right to raise the issue of alleged bias through his previous conduct.

The court, however, found that the applicant’s decision to file multiple processes at both the Court of Appeal and the Kaduna State High Court amounted to an abuse of court process.

Justice Khobo also ruled that the applicant failed to demonstrate any likelihood of bias against him.

The judge considered three issues in reaching the decision.

On whether the applicant had waived his right to challenge the judge over alleged bias, the court ruled in his favour, holding that the right could not be considered waived simply because of his previous conduct.

The second issue concerned the alleged abuse of court process. On this point, the court sided with the respondent, finding that the multiple processes filed before the Court of Appeal and the State High Court constituted an abuse of the judicial process.

The court also ruled against the applicant on the third issue, holding that the applicant had not established any likelihood of bias.

Consequently, Justice Khobo dismissed the application for recusal as lacking merit.

The judge directed that the substantive trial should continue on a day-to-day basis, where practicable.

He also ordered that the defendant remain in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) pending the continuation of the proceedings.

Naija News reports that the case was subsequently adjourned to October 12 and 13, 2026, for an accelerated hearing.

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