From Victor Osula, Abuja
The Department of State Services (DSS), on Thursday, arraigned former Kaduna State Governor, Nasir El-Rufai, before the Federal High Court in Abuja on an amended five-count charge bordering on alleged breach of national security.
El-Rufai was docked before Justice Joyce Abdulmalik, where he pleaded not guilty to all the counts after they were read to him, formally setting the stage for trial.
The DSS had filed a three-count charge against El-Rufai, accusing him of unlawfully intercepting the telephone communications of the NSA, in a move said to threaten national security. The charges alleged that the former governor collaborated with other individuals currently at large to intercept the NSA’s calls, in violation of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, and the Nigerian Communications Act, 2003.
In one count, the former governor was accused of admitting involvement in the alleged interception during a February 3 appearance on Prime Time, a programme aired on Arise Television. This alleged act violates Section 12(1) of the Cybercrimes Act. In a second count, the prosecution alleged that El-Rufai, described as a leading figure among opposition politicians critical of President Bola Tinubu’s administration, had knowledge of the unlawful interception but failed to report it to the relevant authorities. The third count accused him of using technical equipment to intercept the NSA’s calls in a manner that endangered public safety and created “reasonable apprehension” among Nigerians, contrary to Section 131(2) of the Nigerian Communications Act, 2003.
In an application filed in response to Charge No. FHC/ABJ/CR/99/2026, El-Rufai had urged the court to strike out the suit instituted against him, arguing that the allegations fail to disclose any offence recognised under Nigerian law.
At the commencement of proceedings on Thursday, counsel to the DSS, Oluwole Aladedoye, SAN, informed the court that the prosecution had filed a further amended five-count charge on April 13 and sought the court’s leave to substitute it for an earlier three-count charge.
The application was not opposed by the defence counsel, Oluwole Iyamu, SAN, who confirmed that he had been duly served with the amended charge. Consequently, Justice Abdulmalik struck out the initial three-count charge and allowed the amended charge to stand.
Following the defendant’s plea, the prosecution urged the court to grant three consecutive hearing dates for the commencement of trial, citing the need for an expeditious hearing. However, the request was opposed by the defence, which raised concerns over the practicality of such a schedule.
Iyamu told the court that his client is currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), noting that limited access to the defendant within a tight trial window could hinder effective preparation.
He argued that fixing the matter for three consecutive days might not be in the best interest of justice, urging the court to consider a more flexible schedule that would allow adequate consultation between counsel and the defendant.
The defence also drew attention to a pending bail application filed on February 17, indicating its intention to pursue the release of the former governor. However, proceedings were momentarily stalled when it emerged that a further affidavit in support of the application was not yet before the court.
In response, Justice Abdulmalik stood down the matter to enable the defence regularise its filing.
The matter was subsequently adjourned for continuation of proceedings, with the court expected to first address the bail application before setting a definitive timetable for trial.
El-Rufai is currently in the custody ICPC, after being taken into custody on February 18, following two nights with the Economic and Financial Crimes Commission (EFCC). He is facing an amended nine-count charge bordering on alleged fraud and abuse of office during his time in office as Governor.
