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Court Adjourns DSS Arraignment of El-Rufai Over Alleged Wiretapping

The planned arraignment of former Kaduna State governor, Nasir El-Rufai, before the Federal High Court in Abuja on Wednesday was stalled after he failed to appear in court.

El-Rufai was to be arraigned on charges bordering on alleged cybercrime and breach of the Nigerian Communications Act, filed by the Department of State Services.

When the case was called, a Senior Advocate of Nigeria, Oluwole Aladedoye, informed the court that the former governor was still in the custody of the Independent Corrupt Practices and Other Related Offences Commission, which is investigating him over separate matters. He requested an adjournment to enable the arraignment to take place.

Counsel to the defendant, Oluwole Iyamu, did not oppose the request for adjournment but urged the court to grant his client bail. He cited several legal authorities in support of the application.

However, the DSS 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.

Justice Joyce Abdulmalik declined the bail application, holding that the court was yet to assume jurisdiction over the matter in the absence of a formal arraignment. She ruled that El-Rufai could only apply for bail after he is arraigned and subsequently fixed April 23 for the proceeding.

The DSS had filed a three-count charge marked FHC/ABJ/CR/99/2026, accusing El-Rufai of breaching the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

According to the charge, the former governor allegedly admitted during a February 13, 2026 appearance on Arise TV’s Prime Time programme that he and others unlawfully intercepted the telephone communications of the National Security Adviser, Nuhu Ribadu. The prosecution further alleged that he failed to report individuals involved in the interception and used technical systems that compromised national security.

The matter is expected to proceed on the next adjourned date.