The Department of State Services (DSS) failed in its attempt to arraign former Nasir El-Rufai at the Federal High Court in Abuja on Wednesday over alleged cybercrime and breaches of the Communications Act.
El-Rufai was absent from court, with his Senior Advocate of Nigeria (SAN), Oluwole Aladedoye, explaining that the ex-governor was still with the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which is investigating him on separate matters. Aladedoye requested an adjournment, noting that the DSS has no authority over ICPC.
Counsel to El-Rufai, Oluwole Iyamu, did not oppose the adjournment but requested bail for his client, citing legal precedents. DSS lawyers opposed the bail request, arguing that it was premature before formal arraignment. Justice Joyce Abdulmalik declined the bail application, noting that bail can only be considered after the arraignment, which she rescheduled for April 23, 2026.
The DSS filed a three-count charge (FHC/ABJ/CR/99/2026) accusing El-Rufai of unlawfully intercepting the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu. The counts allege that during a February 13, 2026, interview on Arise TV’s Prime Time programme, El-Rufai admitted involvement in or knowledge of the interception, which allegedly violated:
- Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act 2024, for unlawful phone interception.
- Section 27(b) of the same Act, for failing to report the unlawful acts of associates.
- Section 131(2) of the Nigerian Communications Act 2003, for using technical systems that compromised public safety and national security.
The case remains pending, with the court set to formally arraign El-Rufai in April.