The Department of State Services (DSS) on Thursday arraigned former Kaduna State Governor, Nasir El-Rufai, before the Federal High Court in Abuja over allegations of unlawfully intercepting the phone conversations of the National Security Adviser (NSA), Nuhu Ribadu.
El-Rufai was brought before Justice Joyce Abdulmalik on a five-count further amended charge marked FHC/ABJ/99/2026. He pleaded not guilty to all charges.
At the commencement of proceedings, DSS counsel, Oluwole Aladedoye, SAN, informed the court that a further amended charge filed on April 13 had replaced an earlier three-count charge.
The defence, led by Oluwole Iyamu, SAN, did not oppose the application, prompting the court to strike out the earlier charge.
Following the defendant’s plea, the prosecution requested three consecutive trial dates.
However, the defence objected, citing difficulties in accessing the defendant, who is currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over a separate matter.
Iyamu also moved a bail application earlier filed on February 17, which the prosecution did not oppose. Aladedoye, however, urged the court to impose conditions to ensure the defendant’s availability for trial.
In a separate application, the prosecution sought an order to protect the identities of two out of five witnesses, requesting that they be referred to by pseudonyms during proceedings.
According to Aladedoye, revealing their identities could expose the DSS officials and their families to potential harm.
The defence opposed the request, arguing that it would infringe on the constitutional right of the defendant to know his accusers.
Iyamu maintained that there was no evidence suggesting that El-Rufai posed any threat to witnesses or had a following capable of endangering them.
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Additionally, the defence filed an application seeking access to proof of evidence to adequately prepare for trial, which was opposed by the prosecution on grounds that the requested materials were not part of the filed processes. Another application seeking to quash the charge was also challenged by the DSS counsel as lacking merit.
In her ruling, Justice Abdulmalik ordered an accelerated hearing of the case and adjourned proceedings to May 18, May 19, and May 20 for rulings on all pending applications and for the commencement of trial.
The court further directed that El-Rufai be remanded in DSS custody, despite concerns raised by the defence that he had been brought from ICPC detention based on orders from two Kaduna courts.
The judge advised relevant agencies to resolve custody issues administratively and instructed the DSS to grant the defendant adequate access to his legal team.
“I don’t have to read social media to determine my case. I use the matters before my court,” Justice Abdulmalik stated, urging journalists to report her remarks accurately.
According to the charge, El-Rufai is accused of intentionally interfering with the communication infrastructure of the NSA, classified as Critical National Information Infrastructure under the Designation and Protection Order, 2024.
The alleged offence is said to contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
