Due to Nasir El-Rufai’s absence from court on Wednesday, 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.
Prosecuting attorney Oluwole Aladedoye told the court at the resumption that even though the case was scheduled for arraignment, the defendant could not be brought because he was presently being held by the Independent Corrupt Practices and Other Related Offenses Commission.
Despite both being federal security organizations, Aladedoye said that the Department of State Services, which started the charges, had no influence over the ICPC and asked the court to give a brief adjournment so the anti-graft agency could present the former governor.
Although Oluwole Iyamu, the defendant’s attorney, did not object to the motion for adjournment, he did bring up conversations with the prosecution that suggested the state would not object to a bail request.
In public, the prosecution later affirmed that El-Rufai might be released on bond for the offenses for which he was charged.
The defense then asked the court to consider the bail request before moving forward.
The prosecution, however, argued against the action and requested that the court postpone considering bail for a period of two weeks.
Iyamu emphasised that the defendant had not yet been properly brought before the court to enter a plea, arguing that holding his client for two more weeks without arraignment would amount to suppression.
He insisted that the defence could not be held accountable for El-Rufai’s absence from court because they did not place him under arrest.
He further argued that the circumstances surrounding the defendant’s custody called for judicial involvement, especially since the agency that filed the accusations was not the one detaining him at the time.
He asked the court to use its authority to require the defendant’s production, citing Section 159 of the statute, regardless of the agency holding him.
The question of bail could not be raised because the defendant had not yet been arraigned, according to Justice Abdumalik’s decision.
The judge rejected the bail request, citing Section 156 of the Administration of Criminal Justice Act, as premature.
The court then postponed the arraignment until April 23, 2026.
The DSS charged El-Rufai with three counts before the Federal High Court in Abuja on February 16, 2026.
He is accused of illegally intercepting National Security Advisor Nuhu Ribadu’s phone conversations.
The former governor allegedly acknowledged intercepting the NSA’s contacts with others during an interview on Arise TV’s Prime Time Program on February 13, according to the charge sheet with the number FHC/ABJ/CR/99/2026.
The offenses are allegedly punished under the Nigerian Communications Act of 2003 and the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act of 2024.
In the meantime, El-Rufai has filed a move on notice to have the allegations quashed through his legal team.
He called the allegations an abuse of the legal system and unlawful in the application, which was submitted on Tuesday.
Accusing the DSS of abusing the criminal justice system to harass, humiliate, and publically victimize him, he further requested that the court grant N2 billion in costs against the agency.
