The defence argued that a conflict of interest may occur because a petition previously filed by Mr El-Rufai against the judge is currently pending before the National Judicial Council (NJC).
The legal team of Nasir El-Rufai has objected to the appointment of the judge hearing his trial by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for alleged corruption.
The defence argued that a conflict of interest may occur because a petition previously filed by the former governor of Kaduna State against the judge is currently pending before the National Judicial Council (NJC).
The ICPC arraigned Mr El-Rufai and one Joel Adoga before the Federal High Court in Kaduna on Tuesday.
Follow us on WhatsApp | LinkedIn for the latest headlines
The former governor faces charges of inflated severance pay and fraudulent dollar-denominated cash deposits made into his bank accounts over several years.
The court session was held under heavy security. Access to the courtroom was strictly restricted, with security personnel reportedly denying entry to journalists, supporters, and associates of the former governor.
The spokesperson for Mr El-Rufai, Muyiwa Adekeye, in a statement on X following the court session, stated that Mr El-Rufai's legal team objected to Justice Ridwan Aikawa presiding over the case.
He said the defence informed the court of the petition filed by Mr El-Rufai with the NJC alleging bias against the trial judge, who they said cannot ensure a fair trial.
"Surprised that Justice R. M. Aikawa was presiding over the matter, El-Rufai's legal team reminded the court of their client's petition against the judge which is pending before the National Judicial Council (NJC)", Mr Adekeye stated.
According to Mr Adekeye, the judge responded to the objection by directing Mr El-Rufai's lawyers to submit a formal written complaint over the matter and subsequently adjourned until 31 March.
"Justice Aikawa ruled that he would at least conduct the arraignment of the two defendants, and hear the matter of his recusal if counsel would bring it by way of a formal written application.
The court adjourned proceedings to 31 March 2026 for the hearing of bail and any other applications filed on behalf of Mr El-Rufai and Mr Adoga.
The petition El-Rufai wrote against Justice Aikawa
Mr Adekeye said on 17 March 2026, the Kaduna Division of the Court of Appeal set aside Justice Aikawa's judgement in a fundamental rights enforcement suit that Mr El-Rufai filed in 2024 against the Kaduna State House of Assembly.
The appellate court upheld Mr El-Rufai's contention that he had been denied a fair hearing and ordered the Federal High Court to rehear the matter afresh.
"That case had prompted the first petition against Justice Aikawa by El-Rufai's counsel. In a petition dated 18 July 2024, AU Mustapha, SAN, on behalf of Malam El-Rufai, accused Justice Aikawa of gross bias, injustice, and denial of fair hearing. The petition, addressed to the Chief Judge of the Federal High Court, requested that the case be reassigned to another judge. When that request was not granted, El-Rufai's counsel pursued and succeeded in the appeal.
"The second petition against Justice Aikawa, dated 18 March 2025, was submitted by Malam Nasir El-Rufai to the Chief Justice of Nigeria in her capacity as Chairman of the National Judicial Council (NJC). In it, El-Rufai accused Justice Aikawa of bias, injustice, denial of fair hearing, and conduct unbecoming of a judicial officer.
"Malam Nasir El-Rufai sent reminders concerning the petition to the Chief Justice of Nigeria in November 2025 and again in March 2026. The most recent reminder urged the Chief Justice to ensure that the NJC expedites the resolution of the petition without further delay.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
The reminder also requested the Chief Justice to direct the immediate transfer of all relevant cases before the Federal High Court, Kaduna, to another judge "as a prudent interim measure to restore impartiality and safeguard judicial processes," Mr Adekeye stated.
The arraignment
The ICPC arraigned Mr El-Rufai before the Federal High Court on 10 charges, accusing him of violating Nigeria's anti-money laundering law.
He and his co-defendant, Mr Adoga, pleaded not guilty to the charges.
Following the defendants' pleas of not guilty, the trial judge, Mr Aikawa, ordered their remand in the custody of ICPC, where Mr El-Rufai had been held for over one month.
The charges involve alleged inflated N579.7 severance pay, and years-long fraudulent deposits totalling $817,900 Mr El-Rufai allegedly received.
They both pleaded not guilty to the charges read to them during the arraignment.
