The Kaduna State High Court has dismissed an application seeking the recusal of Justice Darius Khobo from the trial of former Kaduna State Governor, Mallam Nasir Ahmed El-Rufai.
The Independent Mirror reports that the court, in a ruling delivered last week, held that the applicant had not waived his right to complain of alleged bias by his conduct.
However, Justice Khobo ruled that the multiple processes filed by the applicant before the Court of Appeal and the Kaduna State High Court constituted an abuse of court process.
The court also held that the applicant failed to establish any likelihood of bias against him.
In determining the application, the court formulated three issues.
On whether the applicant had waived his right to complain of bias by his conduct, the court resolved the issue in favour of the applicant, holding that the right had not been waived merely by his conduct.
On the second issue, concerning whether the applicant had abused the court process, the court ruled in favour of the respondent, finding that the multiple processes filed before the Court of Appeal and the State High Court amounted to an abuse of court process.
The third issue, which focused on whether there was a likelihood of bias against the applicant, was also resolved in favour of the respondent. The court held that the applicant had failed to prove any likelihood of bias.
Consequently, the court found the application for recusal without merit and dismissed it.
The court ordered that the trial on the substantive charge should continue on a day-to-day basis, as practicable under the circumstances.
It further ordered that the defendant remain in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) pending the continuation of the trial.
With this the Kaduna State High Court was adjourned the case to October 12 and 13, 2026, for accelerated hearing.
