Former Kaduna state hovernor Nasir El-Rufai was Thursday arraigned by the Department of State Services (DSS) in Abuja on a five count amended charge bordering on breach of national security.
The DSS filed the charges against the former governor at the Federal High Court in Abuja February, following his claim on a live television programme that he intercepted National Security Adviser (NSA) Nuhu Ribadu’s phone call.
Among other charges, the prosecution accused him of breaching the Cybercrimes Prohibition Act, (2024), and the Nigerian Communications Act (2003).
El-Rufai has pleaded not guilty to all five charges read to him before Judge Joyce Abdulmalik of the court.
After entering his plea, the judge took a break and retreated into his chamber for his bail filings to be put in order for hearing.
Upon resumption after the case was stood down, the further affidavit was located.
The DSS stated it did not oppose the bail application.
Prosecution then moved an application seeking an order to conceal the identities of two witnesses expected to testify.
The DSS requested that:
- The identities of the witnesses should not appear in public court records.
- Pseudonyms should be used during trial.
The Prosecution argued the witnesses’ families could be vulnerable to attack from persons sympathetic to El-Rufai.
The Defence opposed the request through an application, written address, and further affidavit asking the court to dismiss it.
The Defence argued it is the constitutional right of an accused person to know his accusers.
The Defence further submitted there was no evidence before the court showing El-Rufai had any cult-like followership or posed a threat.
The Counsel said the defendant had dedicated his life to public service and warned that granting a blanket anonymity order could create serious prejudice against the accused.
The defence also applied for an order directing the prosecution to furnish the defence with proof of evidence to prepare for trial.
The Prosecution opposed that request through a counter-affidavit.
They argued the materials sought by the defence were documents unrelated to the prosecution’s filed processes.
The Defence informed the court it had also filed an application to quash the charge.
Earlier, the prosecution lawyer, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), told the court that amended five charges were filed against the defendant on 13 April.
The lawyer prayed the court to substitute it with the earlier indictment with three charges.
“We pray that the earlier charge be struck out my lord,” he said.
In his arguments, El-Rufai’s lawyer, Oluwole Iyamu, a senior advocate of Nigeria said he had been served with the amended charges and that he had no objection to the amended charges.
The judge then struck out the earlier indictment with three charges.
After the amended five counts were read to the former governor, he pleaded not guilty, and Mr Aladedoye sought three consecutive trial dates.
Iyamu, at that point, raised an objection to an application for three consecutive days for commencement of trial.
He submitted that since the defendant had been in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), having access to him within the three days of the trial might be difficult.
The three days, according to him, “might not be in our best interest.”
The senior lawyer also informed the court of his client’s bail application filed on 17 February.
But the judge stood down the matter for Iyamu to do the needful, he held: “The further affidavit in support of the bail application was not in the court file.”
Legal arguments were raised that an application to quash cannot be brought after plea has been taken.
The Prosecution filed a written address urging the court to dismiss the application as lacking merit.
The Defence responded on points of law.
Meanwhile, the case has been adjourned to May 18,19,and 20th for hearing
In count one, El Rufai was alleged to have admitted during an interview as a guest on Arise TV station’s Prime Time Programme in Abuja on 13 February that he and someone unlawfully intercepted the phone communications of the NSA, Nuhu Ribadu.
The offence is said to be contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment, Act, 2024.
In count another count, the ex-governor was alleged to have also said during the interview that he knew and related with certain individual, who unlawfully intercepted the phone communications of NSA, without reporting the said individual to relevant security agencies.
The offence is said to be contrary to and punishable under Section 27 (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment, Act, 2024.
Another count alleged that El Rufai and others still at large, sometime in 2026, in Abuja, did use technical equipment or systems which compromised public safety, national security and instilling reasonable apprehension of insecurity among Nigerians by unlawfully intercepting the NSA’s phone communications.
The act, according to the DSS, is contrary to and punishable under Section 131(2) Nigerian Communications Act 2003.
El-Rufai had, during a live TV interview, claimed he listened to a wiretapped phone call of the NSA boss.
In that call, he said the NSA directed security operatives to detain him. He linked the alleged directive to an attempted arrest at the Nnamdi Azikiwe International Airport on 12 February after his return from Cairo, Egypt.
El-Rufai, it would be recalled, is also facing an investigation by different agencies.
The Economic and Financial Crimes Commission (EFCC) arrested him in February.
Not long after, the Independent Corrupt Practices and other related offences Commission (ICPC) immediately arrested him three days after the EFCC released him.
He has since filed a N1bn suit against ICPC over what he described as an illegal search of his residence.
The ICPC is currently prosecuting him in two separate corruption cases in Kaduna.
El-Rufai was denied bail in one of the cases earlier this week and further remanded in ICPC custody.
In a related development, El-Rufai’s ex-Chief of Staff bail, Bashir Saidu, a former Chief of Staff, has been remanded in a custodial facility in Kaduna State.
Saidu, who is facing multiple charges, including alleged financial misconduct, was previously granted bail after spending 50 days in detention last year.
Sources familiar with the proceedings said he was taken into custody following developments during Wednesday’s hearing in Kaduna, which led to his bail being revoked and will remain there pending the continuation of his trial next month.
Saidu, regarded as a political associate of El-Rufai, had earlier regained his freedom after meeting his bail conditions.
