Justice Joyce Abdulmalik of the Federal High Court in Abuja has adjourned the case against former Kaduna State Governor, Mr Nasir El-Rufai, to April 23 for arraignment.
The Department of State Services (DSS) filed a three-count charge against Mr El-Rufai for the alleged unlawful interception of communications, linked to remarks he made during a television interview. It was alleged that Mr El-Rufai’s actions contravened provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
The court had earlier fixed February 25 for the former governor’s arraignment, but he was absent during Wednesday’s proceedings.
Counsel for the DSS, Mr Oluwole Aladedoyin, informed the court that the former governor is still in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), where he is under investigation for alleged misappropriation of funds.
This prompted the judge to adjourn the case to April 23 for arraignment.
Meanwhile, the former Kaduna governor has filed a suit in response to Charge Number FHC/ABJ/CR/99/2026 instituted against him at the Federal High Court in Abuja.
The application contends that the prosecution violates several constitutional provisions that breach El-Rufai’s fundamental rights, including Section 36(5) of the 1999 Constitution, which guarantees the presumption of innocence; Section 36(11), which provides for the right against self-incrimination; Section 36(12), which requires that offences be defined in written law; as well as Sections 39 and 40, which guarantee the rights to freedom of expression and freedom of association, respectively.
Mr El-Rufai’s motion is praying the court for: “An Order quashing and/or striking out Charge No. FHC/ABJ/CR/99/2026 (as contained in the charge dated February 16, 2026) for being incompetent, for disclosing no offence known to law, and for constituting a gross abuse of court process.
An Order discharging the defendant/applicant on the ground that the charge discloses no prima facie case against him.
He is equally seeking an order awarding the sum of N2 billion as costs against the secret police (acting through its prosecuting counsel) for the abuse and misuse of the court process, and the egregious, reckless, and unconstitutional misuse of the criminal justice system to harass, embarrass, and publicly victimise him.
The suit, which cites 17 grounds for seeking the dismissal of the charges, was filed on 17 February 2023.
His lawyers notified the Director General of the DSS of the processes that they have filed in the matter via a letter dated 18th February. The letter also formally informed the DSS regarding the legal representatives of Mr El-Rufai and the names and addresses of his team of counsel.
The grounds cited in the motion seeking the dismissal of the charges include: their constitutional invalidity, lack of disclosure of a prima facie case, citing offences not known to law and failure to meet statutory conditions.
Other grounds cited include fatal duplicity and absence of evidence, lack of prosecutorial competence, the impermeable nature of the constitutional right against self-incrimination, bad faith, political persecution and abuse of court process.