By Peter Omopo
The arraignment of former Kaduna State Governor, Nasir El-Rufai, before the Federal High Court in Abuja was on Wednesday stalled due to his absence in court.
Justice Joyce Abdulmalik adjourned the matter to April 23 to enable the State Security Service to produce the defendant for arraignment.
During the proceedings, defence counsel moved an application for bail despite the absence of the defendant, but the prosecution opposed the request. In a brief ruling, Justice Abdulmalik held that a bail application cannot be entertained before a defendant is formally arraigned.
The prosecution informed the court that El-Rufai remains in the custody of the Independent Corrupt Practices and Other Related Offences Commission and that this accounted for his failure to appear in court. The prosecutor added that it was uncertain when the anti-graft agency would release him, a development that prompted the court to adjourn the case.
The Federal Government had filed a three-count charge against El-Rufai, alleging that he unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu.
According to the charge filed through the State Security Service, the former governor allegedly committed the offence alongside other persons said to be at large. He was accused of violating Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024.
In the second count, El-Rufai was alleged to have been aware that the NSA’s communications were unlawfully intercepted but failed to report the matter to relevant security agencies.
The prosecution further claimed that the use of technical equipment to intercept the NSA’s calls endangered public safety and national security, and created reasonable apprehension among Nigerians, contrary to Section 131(2) of the Nigerian Communications Act 2003.
Meanwhile, El-Rufai has instituted a N1 billion fundamental rights enforcement suit before the Federal High Court in Abuja against the Independent Corrupt Practices and Other Related Offences Commission over the alleged unlawful invasion and search of his Abuja residence.
In the suit, he is challenging the validity of a search warrant issued on February 4 by a Chief Magistrate, asking the court to declare it null and void on grounds of lack of specificity, drafting errors, ambiguity and absence of probable cause, which he argues render the search unconstitutional.
