The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, was stalled on Wednesday after the Department of State Services (DSS) failed to produce him in court over allegations of unlawfully intercepting the phone line of the National Security Adviser (NSA), Nuhu Ribadu.
Justice Joyce Abdulmalik subsequently adjourned proceedings until April 23.
The DSS had filed a three-count charge against El-Rufai, accusing him of unlawfully intercepting telephone communications and breaching provisions of the Nigerian Communications Act 2003.
When the matter was called, prosecution counsel Oluwole Aladeloye (SAN) informed the court that the case was fixed for arraignment. However, he said proceedings could not continue because the defendant was not present.
According to Aladeloye, El-Rufai could not be produced as he was in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC). He urged the court to grant an adjournment to enable the DSS liaise with the anti-corruption agency to secure the defendant’s appearance on the next date.
Counsel to the former governor, Oluwole Iyamu (SAN), expressed dissatisfaction over his client’s absence, arguing that the DSS could have facilitated his appearance since he was in the custody of a “sister agency.”
Citing Sections 158 and 159 of the Administration of Criminal Justice Act (ACJA) 2015, Iyamu urged the court to either proceed with hearing the pending bail application or compel the prosecution to produce his client in court the following day.
In her ruling, Justice Abdulmalik agreed with the prosecution that the issue of bail was premature, noting that the defendant had not been formally arraigned.
She emphasized that it was the prosecution’s responsibility to ensure the defendant’s presence in court and adjourned the matter to April 23 for arraignment.
Further details are expected as the case unfolds.
