The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, could not proceed on Wednesday due to his absence in court, prompting Justice Joyce Abdumalik to adjourn the matter to April 23, 2026.
At the resumed hearing, prosecution counsel Oluwole Aladedoye informed the court that although the case was slated for arraignment, the defendant was not produced because he is currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Aladedoye requested an adjournment until March 10 to allow the anti-graft agency produce the defendant, noting that the Department of State Services (DSS) had no authority over the ICPC despite both being federal agencies.
Defence counsel Oluwole Iyamu did not oppose the request for adjournment but informed the court that discussions with the prosecution indicated the state would not contest a bail application. The prosecution confirmed in open court that the offences were bailable.
The defence subsequently urged the court to hear the bail application before further steps in the trial. However, the prosecution opposed this, asking the court to defer consideration of bail for two weeks.
Iyamu argued that detaining his client for an additional two weeks would amount to suppression, particularly as he had yet to be arraigned.
He stressed that the defence had not taken the defendant into custody and therefore could not be expected to produce him in court.
He added that the situation might have been different if the DSS had custody of the former governor, suggesting that the circumstances surrounding his detention required judicial intervention.
Citing Section 159, Iyamu urged the court to order the defendant’s production irrespective of which agency currently held him.
In her ruling, Justice Abdumalik held that since the defendant had not been formally arraigned, the issue of bail could not be entertained.
Referring to Section 156 of the Administration of Criminal Justice Act, 2015, she described the bail request as premature and fixed April 23, 2026, for arraignment.
The DSS had filed a three-count charge against El-Rufai on February 16, 2026, before the Federal High Court in Abuja, accusing him of unlawfully intercepting telephone communications of the National Security Adviser, Nuhu Ribadu.
The charge, marked FHC/ABJ/CR/99/2026, alleged that the former governor admitted during a February 13 appearance on Arise TV’s Prime Time Programme that he and others intercepted the NSA’s communications. The offences are said to be punishable under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024 and the Nigerian Communications Act, 2003.
Meanwhile, El-Rufai, through his lawyers, filed a motion on notice on Tuesday asking the court to quash the charges, which he described as “unconstitutional and an abuse of court process.”
He also sought N2 billion in costs against the DSS, alleging that the agency had abused and misused the criminal justice system to harass, embarrass and publicly victimise him.
