Phone-Tapping Case: Court Adjourns El-Rufai's Arraignment to April 23 Over Absence in Dock

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The scheduled arraignment of former Kaduna State Governor, Nasir El-Rufai, on charges of alleged unlawful interception of the National Security Adviser (NSA), Nuhu Ribadu's phone communications, was stalled on Wednesday at the Federal High Court in Abuja.

El-Rufai was absent from the proceedings before Justice Joyce Abdulmalik, preventing the court from taking his plea on the three-count charge filed by the Department of State Services (DSS). The charges, marked FHC/ABJ/CR/99/2026, accuse the former governor of cybercrimes and violations under the Cybercrimes (Prohibition, Prevention, etc.) Act and the Nigerian Communications Act. They stem from statements El-Rufai allegedly made during a February television interview admitting involvement in the interception, which prosecutors claim threatened national security.

Prosecution counsel informed the court that El-Rufai could not be produced because he remains in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) following his detention earlier this month. The DSS reportedly clarified that El-Rufai was never in their direct custody for this purpose.

In light of the absence, Justice Abdulmalik ruled that it was the prosecution's duty to ensure the defendant's presence. She adjourned the matter to April 23, 2026, for arraignment and potential hearing of related applications, including El-Rufai's pre-arraignment motion to quash the charges. In that motion (filed February 17), he argues the counts are incompetent, disclose no known offence, and amount to an abuse of court process, seeking N2 billion in damages from the DSS for alleged harassment.

This development comes amid El-Rufai's ongoing legal battles, including a N1 billion fundamental rights suit against the ICPC over an alleged unlawful raid on his Abuja residence, and his detention since mid-February linked to probes by the EFCC, ICPC, and DSS.

El-Rufai, who governed Kaduna from 2015 to 2023, has denied wrongdoing in the various matters and described some actions as politically motivated.

Further proceedings are awaited on the adjourned date, with tight security expected at the court given the high-profile nature of the case.

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