The scheduled arraignment of former Kaduna State Governor Nasir El-Rufai on a three-count charge bordering on alleged unlawful interception of communications belonging to the National Security Adviser (NSA), Nuhu Ribadu, failed to proceed on Wednesday, February 25, 2026, before Justice Joyce Abdulmalik of the Federal High Court, Abuja.
The case could not go on due to the failure of the Department of State Services (DSS) the prosecuting agency to produce the defendant in court.
When the matter was called, counsel to the DSS informed the court that El-Rufai was still in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), where he had been transferred earlier following his initial detention by the Economic and Financial Crimes Commission (EFCC) on separate money laundering allegations.
In view of the development, Justice Abdulmalik adjourned the case to April 23, 2026, for arraignment and further hearing.
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Details of the Charge (FHC/ABJ/CR/99/2026) The DSS, through a team of five prosecutors led by M. E. Ernest, accused El-Rufai of committing offences in concert with others still at large: Unlawful interception of communication contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
Conspiracy to commit felony (interception of electronic communication) contrary to Section 27(b) of the same Act.
Compromising public safety, national security and instilling reasonable apprehension of insecurity through the use of technical equipment, contrary to and punishable under Section 131(2) of the Nigerian Communications Act 2003.
The charges stem from statements El-Rufai allegedly made on Arise TV’s Prime Time programme in Abuja on February 13, 2026, where he claimed knowledge of an individual who intercepted the NSA’s telephone communications without reporting the matter to security agencies.
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El-Rufai’s Defence Position In a motion filed to challenge the charge, El-Rufai (through his legal team led by Ubong Esop Akpan) argued that The charge is incompetent and legally defective. A casual remark made during a television interview cannot be elevated to a judicial confession. Statements made in a voluntary public discussion, without caution or the protections of the Judges’ Rules, are inadmissible as confessional statements. And The DSS lacks legal backing to prosecute him on the basis of such remarks.
He also reiterated his earlier claim that the entire process is politically motivated and linked to his vocal criticism of the Tinubu administration.
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El-Rufai was initially detained by the EFCC on money laundering allegations. He was later transferred to ICPC custody. The DSS obtained court permission to dock him on the NSA interception charge. Last week, security agents reportedly attempted to arrest him at the Abuja airport upon his return from abroad an action his lawyers condemned as unlawful.
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The case has become one of the most high-profile legal battles involving a former senior government official in recent times.
DDNewsOnline – Lagos
By Ogungbayi Beedee Adeyemi
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