Proceedings at the Federal High Court in Abuja were halted on Wednesday, February 25, 2026, after former Kaduna State Governor, Nasir El-Rufai, failed to appear for arraignment, prompting the trial judge, Justice Joyce Abdumalik, to adjourn the matter to April 23, 2026.
At the resumed sitting, prosecuting counsel Oluwole Aladedoye told the court that the defendant could not be presented because he remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
He requested additional time to enable the agency transfer the defendant for arraignment, noting that the Department of State Services (DSS), which filed the charges, had no operational control over the ICPC.
Defence counsel Oluwole Iyamu did not oppose the request for adjournment but urged the court to first consider a bail application, stating that the prosecution had earlier indicated the charges were bailable.
The prosecution acknowledged in open court that the offences carried provisions for bail but opposed immediate consideration, urging the court to postpone any ruling for two weeks.
Iyamu argued that continued detention without arraignment amounted to undue suppression, insisting the defence could not produce the defendant because he was being held by state authorities.
He urged the court to exercise its powers under relevant provisions of the law to compel the defendant’s production irrespective of the agency in custody of him.
In her ruling, Justice Abdumalik held that bail could not be entertained before arraignment, describing the defence application as premature under the Administration of Criminal Justice Act. The court consequently fixed April 23, 2026, for formal arraignment.
The case stems from a three-count charge filed by the DSS on February 16, 2026, alleging that El-Rufai unlawfully intercepted communications belonging to the National Security Adviser, Nuhu Ribadu.
The prosecution claims the former governor acknowledged involvement during an appearance on Arise TV Prime Time Programme earlier in February.
The alleged offences are said to contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
Meanwhile, the former governor has filed a motion challenging the validity of the charges, asking the court to strike them out on grounds of alleged constitutional violations and abuse of court process.
He also seeks N2 billion in damages against the DSS, accusing the agency of deploying the criminal justice system to harass and publicly discredit him.
