The Department of State Services (DSS) on Thursday arraigned former Gov. Nasir El-Rufai of Kaduna State on a five-count amended charge bordering on alleged breach of national security.
El-Rufai, who was arraigned before Justice Joyce Abdulmalik of the Federal Highway Court in Abuja, pleaded not guilty to all the counts.
When the case was called, DSS lawyer, Oluwole Aladedoye, SAN, informed the court that the matter was fixed for the defendant to take his plea.
Aladedoye, however, told the court that a further amended five-count charge was filed on April 13.
The lawyer prayed the court to substitute it with the earlier three-count charge.
“We pray that the earlier charge be struck out my lord,” he said.
Responding, El-Rufai’s counsel, Oluwole Iyamu, SAN, said he had been served with the amended charge and that he was not opposing.
The judge then struck out the earlier three-count charge.
After the counts were read to the former governor, he pleaded not guilty and Aladedoye sought three consecutive trial dates.
Iyamu, however, objected to an application for three consecutive days for commencement of the trial.
He submitted that since the defendant had been in the custody of Independent Corrupt Practices and Other Related Offences Commission (ICPC), having access to him within the three days of the trial might be difficult.
According to him, the three days might not be in our best interest.
Iyamu also informed the court of their bail application filed on Feb. 17.
However, the further affidavit in support of the bail application was not in the court file and the judge stood down the matter for Iyamu to do the needful.
After proceedings resumed, the court was informed that the missing further affidavit had been found.
The DSS however noted that it did not oppose El-Rufai’s bail application but sought to protect the identities of two witnesses by using pseudonyms and excluding their names from public records, citing security concerns.
The defence opposed the request, arguing El-Rufai has a constitutional right to know his accusers and that there was no evidence he posed any threat.
It also asked the court to compel the prosecution to provide proof of evidence and informed the court of an application to quash the charge.
The prosecution opposed both requests, arguing that the documents sought were unrelated to filed processes and that the application be quashed for lack of merit.
The matter has been adjourned to May 18, 19, and 20 for hearing of the bail application.
