The much-anticipated arraignment of former Kaduna State Governor, Nasir El-Rufai, was delayed on Wednesday due to his absence in court, with the trial judge, Justice Joyce Abdumalik, adjourning the case to April 23, 2026.
The prosecution, represented by Oluwole Aladedoye, informed the court that although the matter had been scheduled for El-Rufai’s arraignment, the former governor could not be brought before the court. This, according to Aladedoye, was because El-Rufai was presently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), a federal agency overseeing anti-corruption efforts in Nigeria. He urged the court to adjourn the case until March 10, 2026, to allow the ICPC to produce the defendant in court.
The prosecution also clarified that the Department of State Services (DSS), despite being a sister agency to the ICPC, did not have control over the custody of the former governor, an issue that has complicated the legal proceedings.
Defence counsel, Oluwole Iyamu, did not oppose the application for an adjournment but expressed concerns over the delay. He noted that during discussions with the prosecution, the state had indicated it would not oppose a bail application for El-Rufai. Iyamu, in his submissions, stressed that the defendant had not been arraigned and that keeping him in custody any longer would be tantamount to suppression. He also suggested that the defence had no control over the defendant’s custody and that it was the responsibility of the authorities detaining him to produce him before the court.
Further adding to the complexity of the case, Iyamu sought to have the bail application considered before any further proceedings, a move that was opposed by the prosecution. They argued that the matter should be deferred for two weeks before any bail consideration could take place. The defence, however, contended that the circumstances surrounding El-Rufai’s detention required judicial intervention, especially since the case involved multiple agencies.
Justice Abdumalik, after considering the submissions, ruled that the bail application was premature since the defendant had not yet been formally arraigned. Citing Section 156 of the Administration of Criminal Justice Act (2015), the judge emphasized that bail could not be addressed at this stage. Consequently, the matter was adjourned to April 23, 2026, for arraignment.
El-Rufai faces charges related to the unlawful interception of phone communications, specifically those of the National Security Adviser, Nuhu Ribadu. According to reports, the Department of State Services (DSS) had filed a three-count charge against the former governor on February 16, 2026, before the Federal High Court in Abuja. The charges, marked FHC/ABJ/CR/99/2026, accuse El-Rufai of admitting on February 13, 2026, during an appearance on Arise TV’s Prime Time Programme, that he and others had intercepted Ribadu’s communications.
The alleged offences, which include violations of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003, carry serious penalties under Nigerian law.
In a dramatic turn of events, El-Rufai’s legal team, on Tuesday, filed a motion seeking the quashing of the charges. The former governor described the charges as “unconstitutional” and argued that they represented an abuse of the judicial process. He also requested that the court award N2 billion in damages against the DSS, accusing the agency of misusing the criminal justice system to harass and publicly humiliate him.
