Wiretapping: DSS Arraignment of El-Rufai Stalled

The Department of State Services (DSS) was unable to arraign the immediate past governor of Kaduna State, Malam Nasir El-Rufai, at the Federal High Court in Abuja on Wednesday.

El-Rufai was scheduled to face charges of cybercrime and violations of the Nigerian Communications Act, but he was not present when the case was called.

Senior Advocate of Nigeria (SAN) Oluwole Aladedoye told the court that El-Rufai was still attending to matters at the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which is also investigating him. Aladedoye noted that the DSS has no authority over the ICPC and requested an adjournment to March 23.

El-Rufai’s lawyer, Oluwole Iyamu, supported the adjournment and formally requested bail for his client, citing legal precedents. The DSS counsel opposed the bail request, arguing that it was premature since arraignment had not yet occurred.

Justice Joyce Abdulmalik declined to grant bail, noting that the matter could only be considered after formal arraignment, which she rescheduled for April 23.

The DSS filed a three-count charge against El-Rufai, accusing him of wiretapping the telephone lines of the National Security Adviser, Mallam Nuhu Ribadu. The charges, filed under case number FHC/ABJ/CR/99/2026, allege that El-Rufai violated the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

The counts include claims that El-Rufai:

1. Admitted on a February 13, 2026, Arise TV interview to intercepting the NSA’s phone communications.

2. Knew individuals who unlawfully intercepted the NSA’s communications and failed to report them.

3. Used technical equipment to compromise public safety and national security by intercepting the NSA’s communications.

The case remains pending, with the next hearing set for April 23.