The scheduled arraignment of former Kaduna State Governor, Nasir El-Rufai, over alleged unlawful interception of the phone communications of the National Security Adviser (NSA), Nuhu Ribadu, suffered a setback on Wednesday as the trial could not proceed at the Federal High Court.
The matter was stalled following the failure of the Department of State Services (DSS) to produce the defendant in court.
It would be recalled that El-Rufai was initially detained by the Economic and Financial Crimes Commission (EFCC), which is investigating separate allegations of money laundering against him, before he was later transferred to the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
While El-Rufai was in ICPC custody, the court granted approval for the DSS to arraign him on a three-count charge bordering on alleged threats to national security. However, when the case was called on Wednesday, the court was informed that the ICPC still retained him in its custody.
In view of the development, trial judge, Justice Joyce Abdulmalik, adjourned the matter till April 23.
El-Rufai, who served as governor of Kaduna State from 2015 to 2023 and previously as Minister of the Federal Capital Territory (FCT) under former President Olusegun Obasanjo, was expected to appear before Justice Abdulmalik to take his plea.
According to the charge endorsed by a five-man prosecution team from the DSS, led by M. E. Ernest, El-Rufai allegedly committed the offence in collaboration with others said to be currently at large.
The DSS alleged that El-Rufai admitted on February 13, during an appearance on Arise TV’s Prime Time programme in Abuja, that he aligned with others to unlawfully intercept the phone communications of the NSA—an offence contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
The agency further alleged that El-Rufai stated during the television interview that he knew and related with an individual who had unlawfully intercepted the NSA’s phone calls, without reporting the matter to the appropriate security agencies. By failing to report the alleged crime, he was accused of committing an offence contrary to Section 27(b) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
The DSS also alleged that El-Rufai, acting in concert with others still at large, used technical equipment that compromised public safety and national security, and instilled reasonable apprehension of insecurity among Nigerians, contrary to Section 131(2) of the Nigerian Communications Act, 2003.
It would be recalled that El-Rufai had earlier accused DSS operatives of attempting to “abduct” him on February 12, 2026, at the Nnamdi Azikiwe International Airport, upon his return from Cairo. He claimed the DSS action was instigated by the ICPC, acting on an alleged directive from the NSA, Ribadu, to detain him.
El-Rufai further claimed that the information was relayed to him by someone who had listened in on the NSA’s telephone conversations.
In a motion challenging his trial, El-Rufai advanced 17 grounds urging the court to quash the charge marked FHC/ABJ/CR/99/2026. He argued that the charge was incompetent and legally defective, insisting that the DSS lacked the legal authority to elevate what he described as a “casual remark” made during a television interview to a confession of criminal conduct.
According to him, the statement made on Arise TV did not qualify as a confessional statement under the law, stressing that a valid confession must be made voluntarily, under caution, and in compliance with the Judges’ Rules.
“El-Rufai maintained that statements made during the interview were without caution or warning, delivered in the course of a voluntary public discussion and without the safeguards afforded to suspects in custody.
“A casual remark in a television programme cannot be elevated to a judicial confession,” he argued.
ELIJAH ADEYEMI
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