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The attempt by the Department of State Services (DSS) to bring the former governor of Kaduna State, Malam Nasir El-Rufai, before the Federal High Court in Abuja on Wednesday was unsuccessful.

El-Rufai’s arraignment for purported cybercrime and violation of the Communications Act was on the agenda.

When the DSS case against him was called, El-Rufai was not present in court.

The court was informed by Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), that the former governor was still with the Independent Corrupt and Practices and other related offences Commission (ICPC). Additionally, ICPC is looking into the ex-governor regarding various issues.

Aladedoye stated that the DSS does not have authority over the sister agency and asked for an adjournment until March 23.

Oluwole Iyamu, counsel to El-Rufai, did not resist the adjournment but strongly insisted on bail for the former governor.

He referenced multiple authorities to support the bail request.

The DSS lawyer opposed the bail request, arguing that it was premature and that the issue of bail could only be raised after the formal arraignment.

After hearing the arguments, Justice Joyce Abdulmalik refused to grant the bail request, stating that her court was not yet considering the case.

The judge concurred that El-Rufai’s bail application can only be made post-arraignment.

In the meantime, the judge has scheduled the arraignment for April 23.

The DSS (Department of State Services) charged El-Rufai due to his purported involvement in wiretapping the phone lines of Mallam Nuhu Ribadu, the National Security Adviser (NSA).

The three-count charge marked: FHC/ABJ/CR/99/2026, which was submitted to the Federal High Court in Abuja, involves accusations from the secret police against the former governor for violations of the Cybercrimes Prohibition Act (2024) and the Nigerian Communications Act (2003).

Counts that were read in the charge:

1. That you, Mallam Nasir El Rufai, adult, male, on 13th February, 2026, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, within the jurisdiction of this court, did admit during the interview that you and your cohorts unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu and thereby committed an offence contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment, Act, 2024.
2. That you, Mallam Nasir El Rufai, adult, male, on 13th February, 2026, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, within the jurisdiction of this court, did state during the interview that you know and relate with certain individual, who unlawfully intercepted the Phone Communications of the National Security Adviser, Nuhu Ribadu, without reporting the said individual to relevant Security agencies and thereby committed an offence contrary to and punishable under Section 27 (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment, Act, 2024.
3. That you, Mallam Nasir El Rufai, adult, male, and other still at large, sometime in 2026, in Abuja, within the jurisdiction of this court, with others still at large did use technical equipment or systems which compromised public safety, national security and instilling reasonable apprehension of insecurity among Nigerians by unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu, to which you admitted during an interview on 13th February, 2026, on Arise TV station’s Prime Time Programme in Abuja and thereby committed an offence contrary to and punishable under Section 131(2) Nigerian Communications Act 2003.

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