A Federal High Court sitting in Abuja has adjourned the arraignment of former Kaduna State governor Nasir el-Rufai to April 23.
The Department of State Services (DSS) had filed a three-count charge against el-Rufai over the alleged unlawful interception of a telephone conversation, following comments he made during a television interview. The court had earlier fixed February 25 for his arraignment.
However, when the matter came up on Wednesday, the former governor was absent from court.
Counsel to the prosecution, Oluwole Aladedoyin, told the court that el-Rufai was still in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Case Adjourned on Request of the DSS
“Unfortunately, the defendant is with the ICPC, and I do not know how far the investigation with the ICPC has gone,” Aladedoyin said, as he requested a two-week adjournment to enable the prosecution secure the defendant’s presence in court after the conclusion of the ICPC’s investigation.
Counsel to el-Rufai, Oluwole Iyamu, did not oppose the application for adjournment but sought to move an application for bail on behalf of his client.
Citing Section 158 of the Administration of Criminal Justice Act, Iyamu argued that bail could be heard and granted even before arraignment.
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He contended that keeping the defendant in custody for another two weeks without considering bail would amount to oppressive conduct by the prosecution.
Iyamu added that the DSS had sufficient time to prepare for the case, noting that the charge had been filed since February 16. He also stated that he knew “for a fact” that the DSS handed over el-Rufai to the ICPC.
Responding, Aladedoyin rejected the claim that the DSS had taken the former governor into custody.
“May I correct the impression that we took the defendant to ICPC. We didn’t,” he said. “The defendant was initially detained by the Economic and Financial Crimes Commission. It is from the EFCC that he was taken to the ICPC. He has never been in DSS custody.”
Justice Joyce Abdulmalik, after taking the arguments, declined to grant the bail request, adding that her court was not yet seized of the matter.
The judge agreed that El-Rufai can apply for bail only after arraignment. Meanwhile, the Judge has fixed April 23 for the arraignment.
El-Rufai Fires Back, Challenges DSS in Court
The Former Kaduna State governor, El-Rufai, had, in a separate application, asked the Federal High Court in Abuja to quash the criminal charges filed against him by the Department of State Services (DSS), describing them as incompetent, unconstitutional, and an abuse of court process.
El-Rufai, in a motion filed before the Federal High Court, challenged Charge No. FHC/ABJ/CR/99/2026, dated February 16, 2026.
In the application signed by Muyiwa Adekeye, media adviser to Malam Nasir El-Rufai, and dated February 24, 2026, El-Rufai is seeking an order striking out or quashing the charge on the grounds that it discloses no offence known to law, lacks a prima facie case, and constitutes a gross abuse of court process. He also urged the court to discharge him entirely.
Additionally, the former governor is asking the court to award N2 billion in costs against the DSS, accusing the agency, through its prosecuting counsel of abusing and misusing the criminal justice system to harass, embarrass and publicly victimize him.
According to the court papers, El-Rufai’s motion lists 17 grounds for seeking the dismissal of the charges. His legal team also formally notified the Director General of the DSS of the processes filed in the matter through a letter dated February 18, and provided details of his legal representatives.
The grounds cited include alleged constitutional invalidity of the charges, failure to disclose any prima facie case, citation of offences not known to law, lack of prosecutorial competence, fatal duplicity, absence of evidence, bad faith, political persecution and abuse of court process.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.
