Proceedings in the criminal case involving former Kaduna State governor Nasir El-Rufai were halted on Wednesday after he was not brought before the Federal High Court in Abuja for arraignment.
The case, which centres on allegations of unlawful interception of the telephone communications of the National Security Adviser, Nuhu Ribadu, could not proceed as scheduled due to his absence in court.
When the matter was called before Justice Joyce Abdulmalik, the court was informed that the defendant remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The arraignment had been initiated by the Department of State Services (DSS), which filed a three-count charge alleging threats to national security.
El-Rufai was previously detained by the Economic and Financial Crimes Commission (EFCC) in connection with separate money laundering investigations before being transferred to the ICPC. While in ICPC custody, the court authorised the DSS to proceed with his arraignment.
The charges allege that during an appearance on Arise Television’s Prime Time programme on 13 February, the former governor admitted aligning with others to unlawfully intercept the NSA’s telephone communications. Prosecutors contend that the alleged act contravenes Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
The DSS further alleges that El-Rufai acknowledged knowing an individual who intercepted the NSA’s communications without reporting the matter to security authorities, an action said to be punishable under Section 27(b) of the amended Cybercrimes Act. He is also accused of acting with others still at large to use technical equipment in a manner that compromised public safety and national security, contrary to Section 131(2) of the Nigerian Communications Act 2003.
Justice Abdulmalik adjourned the case until 23 April.
In a separate motion challenging the charge marked FHC/ABJ/CR/99/2026, El-Rufai set out 17 grounds on which he asked the court to quash the proceedings. He argued that the charge was legally defective and maintained that comments made during the television interview did not amount to a confession under the law. He stated that for a statement to qualify as a confessional admission, it must be made under caution and in compliance with established judicial rules.
El-Rufai, who served as governor of Kaduna State from 2015 to 2023 and previously as Minister of the Federal Capital Territory under former President Olusegun Obasanjo, had been scheduled to enter his plea before the court prior to the adjournment.
