|By Chinwendu Nwani
The planned arraignment of former Kaduna State Governor, Malam Nasir El-Rufai, before the Federal High Court in Abuja on Wednesday stalled after he failed to appear in court, forcing the Department of State Services (DSS) to seek an adjournment.
El-Rufai was billed to answer to allegations bordering on cybercrime and breach of the Nigerian Communications Act. However, when the matter was called, he was absent.
A Senior Advocate of Nigeria, Oluwole Aladedoye, told the court that the former governor remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which is separately investigating him over other matters. Aladedoye stressed that the DSS had no authority over the anti-graft agency and urged the court to adjourn the case to allow the defendant’s appearance.
Counsel to El-Rufai, Oluwole Iyamu, did not oppose the request for adjournment but forcefully pressed for his client’s bail. He cited several legal authorities to support the application.
The DSS legal team countered the move, arguing that the bail request was premature since El-Rufai had not been formally arraigned. They maintained that the issue of bail could only arise after the charges had been read and the defendant had taken his plea.
In her ruling, Justice Joyce Abdulmalik declined the bail application, holding that the court was yet to assume jurisdiction over the substantive matter. She agreed with the prosecution that bail could only be entertained after arraignment.
The judge subsequently fixed April 23 for the former governor’s arraignment.
The DSS had filed a three-count charge against El-Rufai, accusing him of unlawfully intercepting the telephone communications of the National Security Adviser, Mallam Nuhu Ribadu.
In the charge marked FHC/ABJ/CR/99/2026, the secret police alleged that the former governor violated provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
According to the first count, El-Rufai allegedly admitted during an appearance on Arise TV’s Prime Time programme in Abuja on February 13, 2026, that he and his associates intercepted the phone communications of the National Security Adviser. The DSS argued that the admission constituted an offence under Section 12(1) of the Cybercrimes Act.
In the second count, the prosecution claimed that the former governor acknowledged knowing an individual who carried out the alleged unlawful interception but failed to report the person to security agencies, thereby breaching Section 27(b) of the same Act.
The third count accused El-Rufai and others still at large of deploying technical equipment to intercept the NSA’s communications, an act the DSS said compromised national security and instilled apprehension among Nigerians. The alleged offence is said to contravene Section 131(2) of the Nigerian Communications Act, 2003.
With the arraignment now shifted, attention turns to April 23, when the court is expected to formally read the charges and take El-Rufai’s plea in the high-stakes case.
