The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, was stalled on Wednesday after he was absent from court, prompting the trial judge, Justice Joyce Abdumalik, to adjourn proceedings to April 23, 2026.
At the resumed hearing at the Federal High Court in Abuja, prosecution counsel Oluwole Aladedoye informed the court that although the matter was slated for arraignment, the defendant could not be produced because he was currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Aladedoye requested a short adjournment to enable the anti-graft agency produce the defendant, noting that the Department of State Services (DSS) had no control over the ICPC despite both being security agencies.
Defence counsel Oluwole Iyamu did not oppose the adjournment but told the court that the prosecution had indicated it would not resist a bail application. The prosecution confirmed that the charges were bailable.
Iyamu then urged the court to hear the bail application before further proceedings. However, the prosecution opposed the move, asking the court to defer consideration of bail for two weeks.
The defence argued that keeping El-Rufai in custody without arraignment would amount to suppression and insisted that the defence could not produce the defendant since he was not in its custody. Counsel further relied on Section 159 of the law, urging the court to order the defendant’s production regardless of which agency held him.
In her ruling, Justice Abdumalik held that since the defendant had not yet been formally arraigned, the issue of bail could not arise. Citing Section 156 of the Administration of Criminal Justice Act (2015), she described the bail request as premature and adjourned the matter to April 23, 2026, for arraignment.
El-Rufai is facing a three-count charge filed by the DSS on February 16, 2026, before the Federal High Court in Abuja. The charges allege that he unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu.
According to court documents marked FHC/ABJ/CR/99/2026, the former governor allegedly admitted during a February 13 appearance on Arise TV’s Prime Time Programme that he and others intercepted the NSA’s communications. The offences are said to be punishable under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024 and the Nigerian Communications Act, 2003.
Meanwhile, El-Rufai, through his lawyers, has filed a motion asking the court to quash the charges, describing them as unconstitutional and an abuse of court process. He also requested N2 billion in costs against the DSS, accusing the agency of misusing the criminal justice system to harass and publicly victimise him.
