The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, over alleged cybercrime offences suffered a setback on Tuesday after the Department of State Services (DSS) failed to produce him before the Federal High Court in Abuja.
The former governor was expected to appear before Justice Joyce Abdulmalik to enter his plea on a three-count charge bordering on alleged unlawful interception of the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu.
However, when the matter was called, the court was informed that El-Rufai remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), making it impossible for the arraignment to proceed.
Following the development, Justice Abdulmalik adjourned the case until April 23.
Allegations by DSS
El-Rufai, who served as governor between 2015 and 2023 and previously as Minister of the Federal Capital Territory under former President Olusegun Obasanjo, had initially been detained by the Economic and Financial Crimes Commission (EFCC) over alleged money laundering investigations before being transferred to ICPC custody.
While he was with the ICPC, the court granted permission for the DSS to arraign him on charges said to involve threats to national security.
The DSS, through a team of five prosecutors led by M. E. Ernest, alleged that El-Rufai, alongside others said to be at large, unlawfully intercepted the NSA’s telephone communications.
According to the charge, on February 13, 2026, during an appearance on Arise TV’s Prime Time programme in Abuja, El-Rufai allegedly “aligned with others and unlawfully intercepted the phone communications of the NSA,” contrary to Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
The prosecution further alleged that during the same interview, he “knew and related to a certain individual who had unlawfully intercepted the NSA’s telephone communications without reporting the person to the relevant security agencies,” thereby committing an offence under Section 27(b) of the Act.
The DSS also accused him of using technical equipment, with others still at large, that allegedly “compromised public safety, national security and instilled reasonable apprehension of insecurity among Nigerians,” in breach of Section 131(2) of the Nigerian Communications Act, 2003.
El-Rufai’s Defence
El-Rufai has denied wrongdoing and is contesting the charges in a motion marked FHC/ABJ/CR/99/2026, urging the court to quash the case.
He argued that the DSS lacked the legal authority to transform what he described as a “casual remark” made during a television interview into “a confession” of phone tapping.
According to him, his statement on Arise TV “did not constitute a confessional statement in law,” stressing that for any statement to qualify as a confession, “it must be made under caution, voluntarily, and in circumstances that satisfy the Judges’ Rules.”
He further maintained that his comments were made “without any caution or warning, in a voluntary public discussion and without the protections afforded to suspects in custody. A casual remark in a television programme cannot be elevated to a judicial confession.”
The former governor had earlier alleged that DSS operatives attempted to “abduct” him at the Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, upon his return from Cairo. He also claimed that the ICPC detained him on the directive of the NSA based on information from an individual said to have listened in on the NSA’s conversations.
With the case now adjourned, attention turns to April 23 when the court is expected to determine the next step in the high-profile trial.
