El-Rufai Trial: Court Fixes April 23 for New Arraignment Date

The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, did not proceed on Wednesday due to his absence in court, prompting Justice Joyce Abdumalik to adjourn the matter to April 23, 2026.

At the resumed hearing, prosecution counsel, Oluwole Aladedoye, told the court that although the case was slated for arraignment, the defendant could not be presented because he is currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC). He requested a short adjournment to allow the anti-graft agency produce him, noting that the Department of State Services (DSS) has no authority over the ICPC despite both being federal agencies.

Defence counsel, Oluwole Iyamu, did not oppose the adjournment but informed the court that discussions with the prosecution indicated the state would not contest a bail application. The prosecution confirmed in open court that the charges are bailable offences.

The defence then urged the court to consider the bail request ahead of further proceedings. However, the prosecution objected, asking the court to delay any decision on bail for two weeks.

Iyamu argued that continued detention without arraignment would amount to undue suppression, stressing that his client had not yet been formally brought before the court. He maintained that the defence had no control over the defendant’s custody and therefore could not ensure his appearance.

He further contended that the situation called for judicial intervention, invoking Section 159 to urge the court to compel the production of the defendant regardless of the agency holding him.

In her ruling, Justice Abdumalik held that since the defendant had not been arraigned, the issue of bail could not be entertained. Citing Section 156 of the Administration of Criminal Justice Act (2015), she described the bail application as premature and adjourned the case to April 23, 2026, for arraignment.

The charges stem from a three-count suit reportedly filed on February 16, 2026, before the Federal High Court in Abuja, alleging that El-Rufai unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu. The prosecution claims the former governor made certain admissions during a February 13 appearance on Arise TV’s Prime Time programme.

The alleged offences are said to be punishable under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

Meanwhile, the former governor, through his legal team, has filed a motion urging the court to dismiss the charges, describing them as unconstitutional and an abuse of court process. He is also seeking N2 billion in damages against the DSS, accusing the agency of misusing the criminal justice system to harass and publicly embarrass him.