By Azeez Sulaiman

The Federal High Court in Abuja has adjourned the arraignment of former Kaduna State Governor, Mallam Nasir El-Rufai, to April 23 after his absence in court on Wednesday stalled the commencement of his trial.

The Department of State Services (DSS) recently filed a three-count charge against El-Rufai bordering on the alleged unlawful interception of telephone communications belonging to the National Security Adviser (NSA), Mallam Nuhu Ribadu.

When the matter was called, DSS counsel Oluwole Aladedoyin, SAN, informed the court that the former governor is currently being held in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for a separate investigation.

Aladedoyin noted that he was uncertain of the status of the ICPC’s inquiry and subsequently sought an adjournment to enable the security agency to coordinate and secure the defendant’s presence for his formal plea.

Defense counsel Oluwole Iyamu did not oppose the adjournment but applied for bail on behalf of his client, citing Section 158 of the Administration of Criminal Justice Act.

He argued that the court has the discretion to grant bail even before a formal arraignment takes place.

However, the prosecution opposed the application as premature, and Justice Joyce Abdulmalik ultimately declined to entertain the request.

The judge held that the court is not properly seized of the matter until the defendant is arraigned, subsequently fixing the new date for late April.

The charges in case FHC/ABJ/CR/99/2026 stem from comments El-Rufai allegedly made during a television interview on February 13, 2026.

The DSS accuses the former governor of violating the Cybercrimes Prohibition Act 2024 and the Nigerian Communications Act 2003 by admitting to the interception of the NSA’s private communications and failing to report those involved to the relevant authorities.

This development introduces a complex procedural layer to the case, as El-Rufai’s detention under a separate anti-corruption investigation raises questions regarding inter-agency coordination in high-profile prosecutions.

Legal observers note that substantive arguments cannot proceed until the arraignment is finalized, effectively delaying a trial that carries significant implications for national security and cybercrime enforcement in Nigeria.