The arraignment of former Kaduna State Governor Nasir El-Rufai was stalled on Wednesday following his absence in court, with trial judge Justice Joyce Abdulmalik adjourning proceedings to April 23, 2026.
At the resumed sitting, prosecution counsel Oluwole Aladedoye informed the court that although the matter was scheduled for arraignment, the defendant could not be produced as he was currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission.
He urged the court to adjourn the matter to March 10 to enable the anti-graft agency to produce his client, adding that the Department of State Services (DSS) had no control over the ICPC despite being a sister agency.
Defence Counsel Oluwole Iyamu, SAN, while not opposing the adjournment application, told the court that based on discussions with the prosecution, the state would not oppose a bail application. The prosecution confirmed in open court that the offences charged were bailable.
The defence subsequently applied for the bail application to be taken before further proceedings. However, the prosecution opposed the move, urging the court to defer consideration of bail for two weeks.
Iyamu argued that keeping the defendant in custody for two additional weeks would amount to suppression, stressing that his client had not been brought before the court for arraignment. He maintained that the defence did not take the defendant into custody and therefore could not produce him in court.
According to him, it would have been a different situation if the DSS had custody of the defendant, suggesting that the circumstances surrounding his detention required judicial intervention. Relying on Section 159, counsel urged the court to exercise its powers to order the production of the defendant, regardless of which agency currently had custody.
Ruling on the submissions, Justice Abdulmalik held that since the defendant had not yet been arraigned, the issue of bail could not arise. Citing Section 156 of the Administration of Criminal Justice Act (2015), the judge described the bail application as premature.
The DSS had on February 16, 2026, filed a three-count charge against El-Rufai before the Federal High Court in Abuja, accusing him of unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu. The charges, 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.
Meanwhile, El-Rufai, through his lawyers on Tuesday, filed a motion on notice praying the court to quash the charges, which he described as “unconstitutional and an abuse of court process.” He also prayed the court to award N2 billion in costs against the DSS, accusing the agency of abusing and misusing the criminal justice system to harass, embarrass, and publicly victimise him.
