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By Correspondent in Abuja.
The ongoing investigation of former Kaduna State Governor, Nasir El-Rufai, by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on Wednesday stalled his planned arraignment by the Department of State Services (DSS).
Our correspondent reports that El-Rufai was scheduled to be arraigned before Justice Joyce Abdulmalik of the Federal High Court, Abuja, but proceedings could not go on due to his absence in court.
When the matter was called, the counsel to the DSS, Oluwole Aladedoye, SAN, informed the court that although the case was fixed for arraignment, the defendant was still in the custody of the ICPC.
“The matter is slated for arraignment today, my lord. Unfortunately, the defendant is in the custody of the ICPC, and we are unable to proceed,” he said.
Aladedoye added that he had discussed with counsel to the former governor and both parties agreed on seeking a new date, suggesting March 10, while noting uncertainty over the duration of the ICPC’s investigation.
The Counsel to El-Rufai, Oluwole Iyamu, SAN, confirmed the development but raised concerns over the issue of bail.
He told the court that the DSS had earlier indicated it would not oppose his client’s bail application.
Aladedoye clarified that while the DSS would not object to bail, such an application could only be taken after arraignment.
Iyamu, however, disagreed, citing Section 158 of the Administration of Criminal Justice Act (ACJA), 2015, and arguing that his client could be granted bail since a charge had already been filed.
He further contended that the ICPC, currently holding El-Rufai, is a sister agency to the DSS, alleging that the continued detention was intended to delay consideration of the bail application.
“It amounts to an oppressive act if the application is delayed on the basis of ongoing investigation, particularly when the charge has been filed,” Iyamu submitted, urging the court to admit the defendant to bail.
In response, Aladedoye rejected the suggestion that the DSS transferred El-Rufai to the ICPC. According to him, the former governor was initially taken into custody by the Economic and Financial Crimes Commission (EFCC) before being arrested by the ICPC.
He maintained that it was premature to entertain any bail application since the defendant was not in DSS custody and had not yet taken his plea. He also argued that Section 158 of the ACJA was inapplicable at this stage.
Iyamu, citing Section 159 of the ACJA, countered that the court had the authority to order the production of the defendant by the ICPC, noting that the charge had been filed since February 3. He urged the court to hear the bail application or, in the alternative, adjourn the matter briefly.
Justice Abdulmalik declined to grant the bail request, agreeing with the DSS that the application was premature. The judge held that since the defendant had not been arraigned, the court could not consider the bail application at this stage.
She subsequently adjourned the matter until April 23 for arraignment.
The DSS had filed a three-count charge, marked FHC/ABJ/CR/99/2026, against El-Rufai over alleged unlawful interception of the telephone lines of the National Security Adviser, Nuhu Ribadu.
The service accused the former governor of breaching provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
In one of the counts, El-Rufai was alleged to have admitted during a February 13 appearance on Arise TV’s Prime Time Programme in Abuja that he and others unlawfully intercepted the communications of the National Security Adviser.
Another count alleged that he acknowledged knowing an individual involved in the interception without reporting the matter to relevant security agencies.
The third count accused him and others still at large of using technical equipment to unlawfully intercept communications, thereby compromising national security and public safety.
It would be recalled that during the televised interview, El-Rufai claimed he overheard Ribadu directing security operatives to detain him, linking the alleged directive to an attempted arrest at the Nnamdi Azikiwe International Airport, Abuja, on February 12 following his return from Cairo, Egypt.
