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The arraignment of former Kaduna State Governor Nasir El-Rufai was on Wednesday postponed after he failed to appear in court.
Justice Joyce Abdumalik adjourned the case to April 23, 2026.
Prosecution counsel Oluwole Aladedoye explained that El-Rufai could not be produced because he was in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
“The DSS has no control over the ICPC, despite being a sister agency,” Aladedoye told the court, requesting an adjournment.
Defence counsel Oluwole Iyamu did not oppose the adjournment but pressed for bail, arguing that prolonged detention without arraignment amounted to suppression.
“Keeping the defendant in custody for two additional weeks would amount to suppression. He has not been brought before the court for arraignment,” Iyamu said.
He urged the court to order El-Rufai’s production under Section 159 of the Administration of Criminal Justice Act (ACJA).
The prosecution, however, asked the court to defer bail consideration for two weeks. Ruling on the submissions, Justice Abdumalik held that bail could not be considered before arraignment.
“Since the defendant has not yet been arraigned, the issue of bail cannot arise. The bail application is premature,” she stated, citing Section 156 of the ACJA.
The DSS had earlier filed a three-count charge against El-Rufai, accusing him of unlawfully intercepting the phone communications of National Security Adviser Nuhu Ribadu. The offences are said to be punishable under the Cybercrimes Amendment Act 2024 and the Nigerian Communications Act 2003.
Meanwhile, El-Rufai’s lawyers filed a motion seeking to quash the charges, describing them as unconstitutional and an abuse of court process. They also requested ₦2 billion in costs against the DSS.
“The DSS is abusing and misusing the criminal justice system to harass, embarrass, and publicly victimise my client,” the defence argued.
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