Custody dispute between ICPC and DSS stalls El-Rufai’s arraignment as court adjourns case to April 23

BLESSING OMALE, Abuja

The arraignment of former Kaduna State Governor, Nasir El-Rufai, was on Wednesday stalled at the Federal High Court in Abuja following his absence in court, prompting Justice Joyce Abdumalik to adjourn proceedings to April 23, 2026.

At the resumed sitting, prosecution counsel, Oluwole Aladedoye, informed the court that although the matter was slated for arraignment, the defendant could not be produced because he was currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission.

Aladedoye urged the court to grant a short adjournment to enable the anti-graft agency produce the former governor, explaining that the Department of State Services, which initiated the charges, had no control over the ICPC despite both being federal security agencies.

Counsel to the defendant, Oluwole Iyamu, did not oppose the request for adjournment but drew the court’s attention to discussions with the prosecution indicating that the state would not oppose a bail application.

 The prosecution subsequently confirmed in open court that the offences for which El-Rufai was charged were bailable.

The defence then urged the court to entertain the bail application before further proceedings.

However, the prosecution opposed the move, asking the court to defer consideration of bail for two weeks.

Iyamu argued that detaining his client for an additional two weeks without arraignment would amount to suppression, stressing that the defendant had not yet been formally brought before the court to take his plea.

He maintained that the defence did not take El-Rufai into custody and therefore could not be held responsible for his absence in court.

He further contended that the circumstances of the defendant’s detention warranted judicial intervention, particularly as the agency that filed the charges was not the one currently holding him.

Citing Section 159 of the law, he urged the court to exercise its powers to order the production of the defendant, irrespective of which agency had him in custody.

In his ruling, Justice Abdumalik held that since the defendant had not yet been arraigned, the issue of bail could not arise.

Relying on Section 156 of the Administration of Criminal Justice Act, the judge described the bail application as premature and declined to consider it at this stage.

The court subsequently adjourned the matter to April 23, 2026, for arraignment.

El-Rufai is facing a three-count charge filed on February 16, 2026, by the DSS before the Federal High Court in Abuja.

The charges accuse him of unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu.

According to the charge sheet marked FHC/ABJ/CR/99/2026, the former governor allegedly admitted during a February 13 appearance on Arise TV’s Prime Time Programme that he and others intercepted the NSA’s communications.

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

Meanwhile, El-Rufai, through his legal team, has filed a motion on notice seeking to quash the charges.

In the application, filed on Tuesday, he described the charges as unconstitutional and an abuse of court process.

He also asked the court to award N2 billion in costs against the DSS, accusing the agency of misusing the criminal justice system to harass, embarrass and publicly victimise him.

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