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Due to Nasir El-Rufai’s absence from court, the arraignment of the former governor of Kaduna State was postponed to April 23, 2026, by Justice Joyce Abdumalik of the Federal High Court in Abuja on Wednesday.
Oluwole Aladedoye, the prosecution’s attorney, told the court during the resumption that even though the case was scheduled for arraignment, the defendant could not be presented because he was on the Independent Corrupt Practices and Other Related Offenses Commission’s current custody list.
In order to allow the anti-graft agency to present the former governor, Aladedoye asked the court to give a brief adjournment. He explained that although both the ICPC and the Department of State Services were federal security organizations, the latter had no authority over the former.
The defendant’s attorney, Oluwole Iyamu, did not object to the adjournment motion, but he did bring up conversations with the prosecution that suggested the state would not object to a bail request.
Later, the prosecution publicly acknowledged that El-Rufai might be released on bail for the offenses for which he was charged.
Then, before moving further, the defense asked the court to consider the bail request.
In opposition, the prosecution requested that the court postpone considering bail for a period of two weeks.
Iyamu maintained that, since the defendant had not yet been formally brought before the court to enter a plea, holding his client for two more weeks without arraignment would amount to suppression.
The defense, he insisted, could not be held accountable for El-Rufai’s absence from court because they did not take him into prison.
He further argued that judicial involvement was necessary due to the circumstances surrounding the defendant’s detention, especially since the agency that filed the accusations was not the one detaining him at the time.
He encouraged the court to use its authority to order the defendant’s production, citing Section 159 of the legislation, regardless of the agency holding him.
In his decision, Justice Abdumalik held that the bail issue could not be raised because the defendant had not yet been arraigned.
The judge rejected to hear the bail request at this time, citing Section 156 of the Administration of Criminal Justice Act as justification.
For arraignment, the court then postponed the case to April 23, 2026.
El-Rufai faces a three-count complaint that was submitted to the Federal High Court in Abuja by the DSS on February 16, 2026.
He is accused of illegally listening in on National Security Adviser Nuhu Ribadu’s phone conversations.
According to the charge sheet with the number FHC/ABJ/CR/99/2026, the former governor allegedly acknowledged that he and others had intercepted the NSA’s conversations when he appeared on Arise TV’s Prime Time Program on February 13.
According to reports, the Nigerian Communications Act of 2003 and the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act of 2024 both penalize the offenses.
In the meantime, El-Rufai has filed a notice petition to have the accusations dropped through his legal team.
He said in the application, which was submitted on Tuesday, that the charges were an abuse of the legal system and unlawful.
Along with requesting N2 billion in damages against the DSS, he accused the agency of abusing the criminal justice system to publicly victimize, harass, and shame him.
