The arraignment of former Kaduna State Governor, Nasir El-Rufai, was stalled on Wednesday following his absence in court, with the trial judge, Justice Joyce Abdumalik, 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 (ICPC).
He urged the court to adjourn the matter to March 10 to enable the anti-graft agency produce the defendant, adding that the DSS had no control over the ICPC despite being a sister agency.
Meanwhile, defence counsel, Oluwole Iyamu, while not opposing the application for adjournment, told the court that based on discussions with the prosecution, the state would not oppose an application for bail.
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 in the matter.
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 oppression, 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 Department of State Services 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 of him.
Ruling on the submissions, Justice Abdumalik 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 court subsequently adjourned the matter to April 23, 2026, for arraignment.
PUNCH Online reports that 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.
The offences are said to be punishable under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
Meanwhile, the former governor, through his lawyers on Tuesday, filed a motion on notice before the court, praying the court to quash the charges against him, which he described as “unconstitutional and an abuse of court process.”
He further urged 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.
