El-Rufai Arraignment Suffers Setback; Court Gives Fresh Order

The arraignment of former Kaduna State Governor, Nasir El-Rufai, regarding his alleged interception of phone communications belonging to the National Security Adviser, Nuhu Ribadu, has been delayed.

The Federal High Court in Abuja was unable to proceed with the case on Tuesday because the Department of State Services (DSS) did not present him for trial.

El-Rufai, who was initially detained by the Economic and Financial Crimes Commission (EFCC) over ongoing money laundering investigations, was later transferred to the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

While in ICPC custody, the court had authorised the DSS to arraign him on a three-count charge alleging threats to national security. However, when the case was called on Tuesday, the court was informed that El-Rufai remained in ICPC custody.

Following this development, trial Justice Joyce Abdulmalik adjourned the case until April 23.

El-Rufai, governor from 2015 to 2023 and former Minister of the Federal Capital Territory (FCT) under former President Olusegun Obasanjo, was expected to appear before Justice Abdulmalik to enter his plea.

The DSS, through a team of five prosecutors led by M. E. Ernest, alleged that El-Rufai, together with others still at large, unlawfully intercepted the NSA’s telephone communications.

The charge stated that on February 13, 2026, while appearing as a guest on Arise TV Station’s Prime Time Programme in Abuja, El-Rufai “aligned with others and unlawfully intercepted the phone communications of the NSA, thereby committing an offence contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.”

It also alleged that during the same interview, he “knew and related to a certain individual who had unlawfully intercepted the NSA’s telephone communications without reporting the person to the relevant security agencies,” thereby committing an offence under Section 27(b) of the same Act.

The DSS further accused him of using technical equipment, along with others still at large, that “compromised public safety, national security and instilled reasonable apprehension of insecurity among Nigerians,” in violation of Section 131(2) of the Nigerian Communications Act 2003.

El-Rufai had previously described an alleged attempt by DSS operatives to “abduct” him at Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, upon his return from Cairo. He insisted that the ICPC acted on a directive from the NSA, Ribadu, to detain him, based on information received from someone who allegedly listened in on the NSA’s telephone conversations.

In a motion challenging his trial, El-Rufai listed 17 reasons why the DSS charge, marked FHC/ABJ/CR/99/2026, should be quashed.

He argued that the DSS lacked legal authority to elevate a “casual remark” he made during a television interview to “a confession” that he had tapped the NSA’s line.

El-Rufai stressed that the statement he made on Arise TV “did not constitute a confessional statement in law, saying for a statement to be admissible as a confession, ‘it must be made under caution, voluntarily, and in circumstances that satisfy the Judges’ Rules.’”

He added that his remarks were “without any caution or warning, in a voluntary public discussion and without the protections afforded to suspects in custody. A casual remark in a television programme cannot be elevated to a judicial confession.”