El-Rufai arraignment stalled as court adjourns to April 23, 2026, over his absence and pending bail arguments
The arraignment of former Kaduna State Governor, Nasir El-Rufai, was stalled on Wednesday after he failed to appear in court, prompting Justice Joyce Abdumalik of the Federal High Court in Abuja to adjourn proceedings to April 23, 2026.
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At the resumed sitting, prosecution counsel, Oluwole Aladedoye, informed the court that although the matter was slated for arraignment, the defendant could not be produced because he was in the custody of the Independent Corrupt Practices and Other Related Offences Commission.
Aladedoye urged the court to adjourn the matter to March 10 to allow the anti-graft agency to produce the defendant.
He added that the Department of State Services had no control over the ICPC, despite both being security agencies.
Defence counsel, Oluwole Iyamu, did not oppose the request for adjournment but informed the court that, based on discussions with the prosecution, the state would not object to a bail application.
The prosecution confirmed that the offences charged were bailable.
The defence subsequently applied for the bail application to be heard before further proceedings.
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 an additional two weeks would amount to suppression, stressing that the former governor had not yet been arraigned.
He maintained that the defence could not produce the defendant in court since it did not have custody of him.
Counsel relied on Section 159 of the law and urged the court to exercise its powers to compel the production of the defendant, regardless of the agency holding him.
In a firm ruling, Justice Abdumalik held that since the defendant had not 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 and adjourned the matter to April 23, 2026, for arraignment.
The charges, filed by the DSS and marked FHC/ABJ/CR/99/2026, accuse El-Rufai of unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu.
According to the prosecution, the alleged offences stem from comments the former governor made during a February 13 appearance on Arise TV’s Prime Time Programme, where he reportedly admitted that he and others intercepted the NSA’s communications.
The offences are said to be punishable under the Cybercrimes Amendment Act, 2024, and the Nigerian Communications Act, 2003.
Meanwhile, the former governor, through his legal team, has filed a motion asking the court to quash the charges, describing them as unconstitutional and an abuse of court process.
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He also sought N2 billion in costs against the DSS, accusing the agency of misusing the criminal justice system to harass and publicly victimise him.
