By John Umeh
The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, could not proceed on Wednesday after he was absent from the Federal High Court in Abuja. Presiding judge, Justice Joyce Abdumalik, subsequently rescheduled the proceedings for April 23, 2026.
During the hearing, prosecuting counsel, Oluwole Aladedoye, explained that although the matter had been fixed for arraignment, El-Rufai was not brought before the court because he remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC). He initially asked the court to adjourn the case until March 10 to allow the anti-graft agency produce the defendant, noting that the Department of State Services (DSS) did not have authority over the ICPC despite both being federal agencies.
Defence lawyer, Oluwole Iyamu, did not oppose the adjournment request but informed the court that discussions with the prosecution indicated there would be no objection to granting his client bail. The prosecution acknowledged that the charges against El-Rufai were bailable offences.
Following this, the defence asked the court to consider the bail application before further proceedings. However, the prosecution objected, urging the judge to delay any bail consideration for at least two weeks.
Iyamu countered that prolonging his client’s detention without arraignment would be unjust and oppressive. He emphasized that the defence had no control over El-Rufai’s detention and therefore could not ensure his appearance in court. He also argued that the court had the authority to compel whichever agency was holding the defendant to present him, citing relevant provisions of the law.
In her ruling, Justice Abdumalik stated that bail could not be addressed since El-Rufai had not yet been formally arraigned. Referring to the Administration of Criminal Justice Act, 2015, she described the bail request as premature and ordered that the case be adjourned until April 23, 2026, when the arraignment is expected to take place.
The charges against El-Rufai were filed by the DSS on February 16, 2026. He faces a three-count allegation bordering on the unlawful interception of phone communications belonging to the National Security Adviser, Nuhu Ribadu. The accusations reportedly stem from statements he made during a television interview on Arise TV’s Prime Time programme, where he allegedly admitted involvement in monitoring the NSA’s communications.
Authorities said the alleged offences contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, as well as the Nigerian Communications Act, 2003.
Meanwhile, El-Rufai has challenged the charges in court. Through his legal team, he filed an application seeking to have the case dismissed, describing the allegations as unconstitutional and an abuse of judicial process. He also requested that the court award ₦2 billion in damages against the DSS, accusing the agency of using the criminal justice system to intimidate and publicly discredit him.
