The attempt by the Department of State Services (DSS) to arraign former Kaduna State governor Nasir El-Rufai before the Federal High Court in Abuja on Wednesday was stalled following his absence in court.
El-Rufai was billed to take his plea over allegations bordering on cybercrime and violations of the Nigerian Communications Act. However, proceedings could not go on, as the former governor was not present when the matter was called.
A senior advocate of Nigeria, Oluwole Aladedoye, informed the court that El-Rufai was still with the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which is separately investigating him over other issues. He explained that the DSS had no control over the anti-corruption agency and sought an adjournment until March 23.
Counsel to the former governor, Oluwole Iyamu, did not oppose the request for adjournment but strongly applied for bail on behalf of his client, citing legal authorities to support the application.
However, the DSS counsel opposed the bail request, arguing that it was premature since the defendant had not been formally arraigned. The prosecution maintained that bail could only be considered after arraignment.
In her ruling, Justice Joyce Abdulmalik declined the bail application, noting that the court was yet to assume full jurisdiction over the matter. She held that El-Rufai could only seek bail after his arraignment and subsequently adjourned the case to April 23 for that purpose.
The DSS had filed a three-count charge against El-Rufai, accusing him of unlawfully intercepting the telephone communications of the National Security Adviser, Nuhu Ribadu.
According to the charge marked FHC/ABJ/CR/99/2026, the former governor allegedly admitted during an appearance on Arise TV’s Prime Time program on February 13, 2026, that he and others intercepted the NSA’s phone lines.
The prosecution said the alleged actions contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, as well as the Nigerian Communications Act, 2003. One of the counts also accused him of failing to report individuals allegedly involved in the unlawful interception to relevant security agencies.
The DSS further alleged that El-Rufai and others still at large used technical systems to compromise public safety and national security by intercepting the NSA’s communications, thereby creating apprehension among Nigerians.
