- The planned arraignment of Nasir El-Rufai was stalled at the Federal High Court in Abuja after he was not produced from custody
- Prosecutors said he was being held by the Independent Corrupt Practices and Other Related Offences Commission, while charges had been filed by the Department of State Services over alleged interception of Nuhu Ribadu’s communications
- The trial judge ruled that a bail application was premature since the defendant had not been arraigned and adjourned the case to 23 April 2026
The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, was stalled on Wednesday following his absence in court, prompting the trial judge, Justice Joyce Abdumalik, to adjourn proceedings to 23 April 2026.
At the resumed sitting before the Federal High Court in Abuja, prosecution counsel Oluwole Aladedoye informed the court that although the matter was slated 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 (ICPC).
Aladedoye urged the court to adjourn the case to 10 March to enable the anti-graft agency produce the defendant, noting that the Department of State Services (DSS), which filed the charges, had no control over the ICPC despite being a sister agency.
Defence counsel, Oluwole Iyamu, did not oppose the request for adjournment but told the court that discussions with the prosecution indicated 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 heard before further proceedings. However, the prosecution objected, urging the court to defer consideration of bail for two weeks.
Iyamu argued that keeping his client in custody for an additional fortnight would amount to suppression, stressing that the defendant had not yet been arraigned. He maintained that the defence did not take the defendant into custody and therefore could not produce him in court.
He further contended that the circumstances of the detention warranted judicial intervention, invoking Section 159 and urging 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 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 matter to 23 April 2026 for arraignment.
The DSS had on 16 February 2026 filed a three-count charge against Mr El-Rufai, accusing him of unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu. The charges, marked FHC/ABJ/CR/99/2026, allege that the former governor admitted during a 13 February 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, Mr El-Rufai has filed a motion asking the court to quash the charges, describing them as unconstitutional and an abuse of court process. He is also seeking ₦2 billion in costs against the DSS, accusing the agency of misusing the criminal justice system to harass and publicly victimise him.