The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, was stalled on Wednesday after he failed to appear in court, prompting the trial judge, Justice Joyce Abdumalik, to adjourn the matter to April 23, 2026.
At the resumed hearing, prosecution counsel, Oluwole Aladedoye, told the court that although the case was scheduled for arraignment, the defendant could not be produced because he was currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission.
He requested a short adjournment to allow the anti-graft agency produce the defendant, noting that the Department of State Services (DSS) had no control over the ICPC despite being a sister agency.
Defence counsel, Oluwole Iyamu, did not oppose the adjournment but informed the court that discussions with the prosecution indicated the state would not object to a bail application. The prosecution confirmed that the offences were bailable.
The defence then urged the court to hear the bail application before further proceedings. However, the prosecution opposed the request, asking the court to defer consideration of bail for two weeks.
Iyamu argued that keeping his client in custody for an additional two weeks would amount to suppression, stressing that El-Rufai had not yet been arraigned. He maintained that the defence could not produce the defendant since he was not in their custody and called on the court to exercise its powers under Section 159 to order his production, regardless of which agency was holding him.
In her ruling, Justice Abdumalik held that since the defendant had not been formally arraigned, the issue of bail could not arise. Citing Section 156 of the Administration of Criminal Justice Act (2015), she described the bail application as premature and adjourned the case to April 23, 2026, for arraignment.
The case stems from a three-count charge filed by the DSS on February 16, 2026, before the Federal High Court in Abuja. El-Rufai is accused of unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu.
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The charges, marked FHC/ABJ/CR/99/2026, allege 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 alleged 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, has filed a motion asking the court to quash the charges, describing them as unconstitutional and an abuse of court process. He also asked the court to award N2 billion in costs against the DSS, accusing the agency of using the criminal justice system to harass and publicly victimise him.
