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DSS bid to arraign former Kaduna governor Nasir El-Rufai flops after his absence in court; judge declines bail, adjourns case to April 23.
The Department of State Services (DSS) on Wednesday failed in its bid to arraign former Kaduna State governor, Malam Nasir El-Rufai, before the Federal High Court in Abuja on charges of cybercrime and breach of the Communications Act.
El-Rufai was absent in court when the case was called, prompting a delay in proceedings.
ICPC Detention Delays Proceedings
Oluwole Aladedoye, SAN, representing the DSS, informed the court that the former governor was still in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which is also investigating him on separate matters.
Aladedoye explained that the DSS had no control over the ICPC, and therefore requested an adjournment to March 23.
Counsel to El-Rufai, Oluwole Iyamu, did not oppose the adjournment but demanded bail for his client, citing multiple legal authorities.
The DSS counsel, however, opposed the bail request, arguing that it was premature since the defendant had not yet been formally arraigned.
Court Declines Bail, Sets New Date
Justice Joyce Abdulmalik, after hearing both sides, declined to grant bail, ruling that the court was not yet adjudicating the matter.
She held that El-Rufai could only apply for bail after his formal arraignment, which she rescheduled for April 23, 2026.
DSS Charges: Alleged Wiretapping of NSA
The DSS filed a three-count charge (marked FHC/ABJ/CR/99/2026) accusing El-Rufai of unlawfully intercepting the phone communications of the National Security Adviser (NSA), Mallam Nuhu Ribadu.
The charges, filed under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003, allege that El-Rufai:
- Admitted during a February 13, 2026 interview on Arise TV that he and others unlawfully intercepted Ribadu’s phone communications.
- Failed to report individuals involved in the interception to relevant security agencies.
- Used technical equipment that allegedly compromised national security and instilled public apprehension.
The DSS claims these actions constitute offences punishable under Sections 12(1) and 27(b) of the Cybercrimes Act, and Section 131(2) of the Nigerian Communications Act.
Next Steps
With the arraignment now fixed for April 23, the court is expected to formally read the charges to El-Rufai, after which his bail application may be reconsidered.
The case marks a significant escalation in the ongoing investigations involving the former governor, who is also under ICPC scrutiny for alleged corruption-related offences.