The Department of State Services has said former Kaduna State governor, Nasir El-Rufai, was never in its custody, as the Federal High Court in Abuja adjourned his planned arraignment over alleged unlawful interception of the telephone communications of the National Security Adviser, Nuhu Ribadu.
The court shifted the arraignment to April 23 after the DSS failed to produce the former governor in court, a development that has further intensified political and legal debates across Nigeria.
At the hearing on Wednesday, the prosecution told the court that El-Rufai could not be brought before the judge because he was currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission.
The DSS counsel, Oluwole Aladeloye (SAN), explained that the security agency had no control over the anti-graft body holding the former governor.
He added that the DSS would need time to liaise with the ICPC to ensure that El-Rufai is produced on the next court date.
The defence team, however, expressed dissatisfaction with the situation.
El-Rufai’s lawyer, Oluwole Iyamu (SAN), argued that the DSS could easily arrange for his client’s appearance since both agencies are part of Nigeria’s security and law enforcement structure.
He urged the court to either hear the pending bail application or order that the former governor be produced in court the following day.
But the prosecution insisted that such requests were premature because the defendant had not yet been formally arraigned.
Justice Joyce Abdulmalik agreed with the prosecution and ruled that bail could not be considered until the defendant is brought before the court and the charges are read to him.
She therefore adjourned the case to April 23 for arraignment.
The DSS also rejected claims that it was responsible for El-Rufai’s absence.
According to the prosecution, the former governor “is not in DSS’ custody and has never been” held by the agency.
The court proceedings marked another twist in the high-profile case, which has drawn widespread attention due to its national security implications and the political stature of the former governor.
El-Rufai is facing a three-count charge filed by the DSS.
The charges relate to alleged unlawful interception of Ribadu’s phone communications and violation of provisions of the Cybercrimes (Prohibition, Prevention) Amendment Act, 2024 and the Nigerian Communications Act, 2003.
According to court documents, the allegations stem from remarks El-Rufai made during a television interview on February 13, in which he reportedly admitted knowledge of the phone interception.
Prosecutors claim that his statements suggested involvement in or awareness of the act without reporting it to relevant authorities.
The DSS argued that the alleged conduct compromised national security and created fear among Nigerians.
The case is also linked to wider investigations into El-Rufai’s tenure as governor of Kaduna State.
He was earlier arrested by the Economic and Financial Crimes Commission over allegations of financial misconduct.
Reports indicated that after securing bail, he was re-arrested by another security agency and transferred to the ICPC for further questioning.
The legal drama has fuelled political tension and public debate.
Supporters of the former governor have accused security agencies of political persecution, while others insist that the rule of law must prevail.
The controversy also reflects growing divisions within Nigeria’s political elite as the country prepares for the 2027 general elections.
El-Rufai, a prominent political figure, served as governor of Kaduna State from 2015 to 2023 and earlier held the position of Minister of the Federal Capital Territory.
He has remained active in national political debates and is widely seen as a key voice in ongoing discussions on governance, security and economic reforms.
Observers say the case may have broader implications for Nigerian politics and the use of cybercrime laws.
Legal experts note that the Cybercrimes Act, especially after recent amendments, gives security agencies stronger powers to investigate unlawful interception of communications.
However, they warn that such powers must be exercised carefully to avoid abuse and protect civil liberties.
The case also highlights the increasing importance of digital security in Nigeria.
Government officials have expressed concern about cyber threats, data breaches and illegal surveillance.
Authorities argue that safeguarding sensitive communications is vital for national stability.
At the same time, civil society groups have called for transparency and respect for due process.
They say the judiciary must remain independent and ensure that justice is not influenced by politics.
The adjournment means the legal battle is likely to continue dominating headlines in the coming weeks.
Analysts say the delay could deepen speculation and political tension.
They also note that prolonged legal disputes often shape public perception and political alignments.
For many Nigerians, the key concern remains the credibility of institutions and the fairness of the legal process.
The outcome of the case could influence debates about security, governance and democracy.
It may also affect how cybercrime laws are applied in future.
As attention now shifts to April 23, observers will be watching closely to see whether the former governor will be produced in court and whether the trial will proceed without further delays.
The case is expected to remain in the spotlight, given its legal, political and national security significance.
For now, the DSS insists that it was not responsible for El-Rufai’s absence and that arrangements will be made to ensure his appearance at the next hearing.
The coming weeks are likely to determine the direction of one of Nigeria’s most closely watched legal and political battles.