Prosper Okoye
The arraignment of former Kaduna State Governor, Nasir El-Rufai, was stalled on Wednesday after he was not produced in court, forcing a Federal High Court in Abuja to adjourn proceedings until April 23, 2026.
At the resumed hearing, prosecution counsel, Oluwole Aladedoye, told the court that although the case was scheduled for arraignment, the defendant remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
He urged the court to grant an adjournment to allow the agency produce the defendant, noting that the Department of State Services (DSS), which filed the charges, did not have control over the ICPC despite both being government agencies.
Defence counsel, Oluwole Iyamu, did not oppose the request for adjournment but informed the court that the prosecution had indicated it would not oppose a bail application.
Join our WhatsApp ChannelThe prosecution also confirmed that the charges against the former governor are bailable.
The defence subsequently asked the court to consider the bail application ahead of further proceedings, but the prosecution opposed the move, urging the court to defer it for two weeks.
Iyamu argued that continued detention without arraignment would amount to unfair treatment, stressing that the defence had no control over the defendant’s custody and therefore could not produce him in court.
He urged the court to compel the relevant agency to produce the defendant, regardless of which authority currently holds him.
In her ruling, trial judge, Justice Joyce Abdumalik, held that since the defendant had not been formally arraigned, the issue of bail could not arise.
Citing provisions of the Administration of Criminal Justice Act, 2015, the judge described the bail application as premature and adjourned the matter to April 23 for arraignment.
The DSS had, on February 16, filed a three-count charge against El-Rufai before the Federal High Court in Abuja, accusing him of unlawfully intercepting the communications of the National Security Adviser, Nuhu Ribadu.
According to the charges, the former governor allegedly made the admission during a February 13 appearance on a television programme.
The offences are said to be punishable under the Cybercrimes (Amendment) Act, 2024, and the Nigerian Communications Act, 2003.
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Meanwhile, El-Rufai, 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.
He is also seeking N2 billion in damages against the DSS, accusing the agency of using the criminal justice system to harass and embarrass him.
Prosper Okoye is a Correspondent and Research Writer at Prime Business Africa, a Nigerian journalist with experience in development reporting, public affairs, and policy-focused storytelling across Africa
