Alleged phone bugging: DSS’ failure to produce El-Rufai stalls arraignment

At the proceedings, prosecuting counsel, Oluwole Aladeloye (SAN), informed the court that the defendant could not be produced because he was in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC). He sought an adjournment to enable the DSS liaise with the ICPC for his production.

Defence counsel, Oluwole Iyamu (SAN), objected, arguing that his client was in the custody of a sister agency and could easily be made available. Citing Sections 158 and 159 of the Administration of Criminal Justice Act (ACJA) 2015, he urged the court to either hear the pending bail application or order El-Rufai’s production.

Aladeloye, however, maintained that the ACJA provisions cited were inapplicable since the defendant was not in DSS custody, adding that he was earlier taken by the ICPC from the custody of the EFCC.

READ ALSO: FG targets 10–12% annual growth to achieve $1trn economy

In her ruling, Justice Abdulmalik held that the bail application was premature as the defendant had not been arraigned. She stressed that it was the prosecution’s responsibility to produce him and adjourned the case till April 23 for arraignment.

In the charge marked FHC/ABJ/CR/99/2026, the DSS alleged that El-Rufai admitted during a February 13, 2026 interview on Arise TV to intercepting the NSA’s phone communications, failing to report the act, and using technical equipment that compromised national security.

Meanwhile, El-Rufai has filed a separate suit before the same court seeking to restrain the ICPC, the Economic and Financial Crimes Commission (EFCC), the DSS and the Attorney-General of the Federation from freezing his bank accounts or seizing his assets.

In the suit marked FHC/ABJ/CS/368/2026, he is asking for interim and perpetual injunctions to prevent any forfeiture or freezing orders against his accounts with Zenith Bank, GTBank and Access Bank, pending the determination of the case.

He is also seeking declarations that his severance pay as governor from 2015 to 2023 is a lawful entitlement under the Kaduna State Pension and Gratuity Law and cannot be treated as proceeds of unlawful activity. He further asked for N1 billion in damages for alleged anticipated violation of his rights and N100 million as costs.

El-Rufai maintained that he has never been convicted of any criminal offence and that any attempt to obtain ex parte forfeiture orders without credible evidence would breach his constitutional right to fair hearing.

Separately, a civil society group, Kaduna Voices United (KVU), criticised comments by former Vice President, Atiku Abubakar, over El-Rufai’s detention.

Atiku had reportedly described the former governor’s detention as “deeply troubling and unacceptable in a democracy” and called for transparency, warning that the Federal Government should be held responsible if anything adverse happened to him following reports of a health concern in custody.

In a statement by its chairman, Yariok Goje, KVU said while concerns about El-Rufai’s welfare were legitimate, they should not overshadow the serious allegations against him.

“The serious nature of the charges against him demands thorough investigation and, if warranted, appropriate legal consequences,” the group said, urging political leaders to promote consistency in defending accountability and the rule of law.