High courtroom drama unfolded on Wednesday as the planned arraignment of former Kaduna Governor Nasir El-Rufai was abruptly stalled, after the Department of State Services (DSS) failed to bring him to court.
El-Rufai is facing allegations of illegally intercepting the phone line of National Security Adviser Nuhu Ribadu, claims that could see him charged under the Nigerian Communications Act 2003.
But when the case was called, the former governor was nowhere to be seen.
Prosecution lawyer Oluwole Aladeloye (SAN) told the court the matter was scheduled for arraignment, yet proceedings could not go ahead because the DSS did not produce the defendant.
In a twist, Aladeloye revealed El-Rufai was currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), making it “impossible” to proceed.
He asked the court for an adjournment to allow the DSS coordinate with the anti-graft agency to ensure El-Rufai is brought to court next time.
But the defence team was unimpressed.
El-Rufai’s lawyer, Oluwole Iyamu (SAN), expressed frustration, arguing that if authorities truly wanted his client present, it would have been “easy” since he was in the custody of a sister security agency.
Citing sections of the Administration of Criminal Justice Act (ACJA) 2015, Iyamu urged the court to either hear the pending bail application or order that El-Rufai be produced the following day.
Justice Joyce Abdulmalik, however, ruled that bail could not be considered because the defendant had not yet been formally arraigned.
She stressed that it was the prosecution’s duty to produce the accused before the court and adjourned the case to April 23 for arraignment.
The case now heads into another round of legal manoeuvring — with political watchers closely tracking the next move in the high-stakes showdown.
