The Federal High Court in Abuja on Wednesday declined an oral bail application filed on behalf of Nasir Ahmad El-Rufai, former Kaduna State governor, and fixed April 23, 2026, for his arraignment over alleged cybercrime offences.
In her ruling, Justice Joyce Abdulmalik held that the court was not yet properly seized of the matter, as the defendant had not been arraigned.
The charges were instituted by the Department of State Services (DSS), which accuses El-Rufai of breaching provisions of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, and the Nigerian Communications Act, 2003.
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The matter, marked FHC/ABJ/CR/99/2026, could not proceed to arraignment as scheduled due to the absence of the defendant in court.
Oluwole Aladedoye (SAN), Counsel to the DSS, informed the court that El-Rufai was with the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in connection with a separate investigation.
He told the court that the DSS had no control over the sister agency and sought an adjournment.
Although Oluwole Iyamu, defence counsel, did not oppose the adjournment, he urged the court to grant his client bail pending arraignment, citing judicial authorities in support of the application.
The DSS opposed the request, arguing that it was premature, as the defendant had not yet been formally arraigned.
The prosecution maintained that bail could only be considered after the defendant’s plea had been taken.
Justice Abdulmalik agreed with the prosecution that any bail application could only be entertained after arraignment and consequently refused the request.
The court subsequently adjourned the case to April 23, 2026, for arraignment.
According to the three-count charge, the DSS alleged that El-Rufai admitted during a February 13, 2026, appearance on Arise TV’s Prime Time programme in Abuja that he and others unlawfully intercepted the telephone communications of the National Security Adviser, Nuhu Ribadu.
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The prosecution contends that the alleged admission constitutes an offence under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
In a separate count, the DSS alleged that the former governor acknowledged knowing individuals involved in the unlawful interception of the NSA’s phone communications without reporting them to security agencies, contrary to Section 27(b) of the same Act.
The third count alleges that El-Rufai and others at large used technical equipment to compromise public safety and national security by intercepting the NSA’s communications, an offence said to be punishable under Section 131(2) of the Nigerian Communications Act, 2003.
El-Rufai is expected to take his plea when the matter comes up on April 23.
