SSS arraigns El-Rufai on phone tapping charges

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Five amended charges accusing of beaching national security were read to Mr El-Rufai during his court appearance in Abuja on Thursday.

The State Security Services (SSS), on Thursday, arraigned former Kaduna State Governor Nasir El-Rufai on five charges of breach of national security.

The SSS filed the charges against Mr El-Rufai 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.

The prosecution accused him of breaching the Cybercrimes Prohibition Act, (2024), and the Nigerian Communications Act (2003).

Mr El-Rufai pleaded not guilty to all five charges read to him before Judge Joyce Abdulmalik of the Federal High Court in Abuja.

After Mr El-Rufai entered his plea, the judge took a break for his bail filings to be put in order for hearing.

The judge is expected to return shortly for the bail hearing to proceed.

Earlier, prosecution lawyer, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), informed 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.

Responding, Mr El-Rufai’s lawyer, Oluwole Iyamu, also a SAN, said he had been served with the amended charges.

He said 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.

Mr Iyamu, however, objected 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.

According to him, the three days might not be in our best interest.

Mr Iyamu also informed the court of his client’s bail application filed on 17 February.

However, the further affidavit in support of the bail application was not in the court file and the judge stood down the matter for Iyamu to do the needful.

In count one, Mr 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, Mr 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 Mr 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.
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SSS said the act is contrary to and punishable under Section 131(2) Nigerian Communications Act 2003.

Mr El-Rufai had, during a live TV interview, claimed he listened to a wiretapped phone call of Mr Ribadu. 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.

Mr El-Rufai, a critic of the President Bola Tinubu, is facing investigations by different agencies.

The Economic and Financial Crimes Commission (EFCC) first arrested in February.

The Independent Corrupt Practices and other related offences Commission (ICPC) immediately arrested him three days after the EFCC released him.

While in ICPC custody, ICPC agents agents raided his house in Abuja to conduct a search.

Mr El-Rufai subsequently filed a N1 billion suit against ICPC for what he described as an illegal search of his residence.

The ICPC is ow prosecuting him in two separate corruption cases in Kaduna.