DSS Reports El-Rufai for Amended Charge to 5 Counts, Pleads Not Guilty – THIS FACILITY

By Victor Osula, Abuja

The Department of State Services (DSS) on Thursday arraigned former Kaduna State governor, Nasir El-Rufai, before the Federal High Court in Abuja on five amended charges, bordering on alleged breach of national security.

El-Rufai was brought before Judge Joyce Abdulmalik, where he pleaded not guilty to all charges after they were read to him, formally setting the stage for the trial.

The DSS had filed three charges against El-Rufai, accusing him of illegally intercepting NSA telephone communications, in a move it says threatens national security. The charges alleged that the former governor collaborated with other individuals currently at large to intercept NSA calls, in violation of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, and the Nigerian Communications Act, 2003.

In one case, the former governor was accused of admitting involvement in the alleged wiretap during a Feb. 3 appearance on Prime Time, a program that aired on Arise Television. This alleged act violates section 12(1) of the Cyber ​​Crimes Act. In a second case, the prosecution alleged that El-Rufai, described as a prominent figure among opposition politicians critical of President Bola Tinubu’s administration, knew about the illegal wiretap but did not report it to the relevant authorities. The third indictment accused him of using technical equipment to intercept NSA calls in a manner that endangered public safety and created “reasonable apprehension” among Nigerians, contrary to Section 131(2) of the Nigerian Communications Act, 2003.

In an appeal filed in response to charge no. FHC/ABJ/CR/99/2026, El-Rufai had urged the court to strike out the case filed against him, arguing that the charges do not reveal any crime recognized under Nigerian law.

At the start of proceedings on Thursday, DSS counsel, Oluwole Aladedoye, SAN, informed the court that the prosecution had filed a further amended five-count charge on April 13 and sought the court’s permission to replace it with an earlier three-count charge.

The application was not opposed by the defense lawyer, Oluwole Iyamu, SAN, who confirmed that he had been duly served with the amended charge. As a result, Judge Abdulmalik struck out the original three-count indictment and allowed the amended indictment to remain in place.

Following the defendant’s motion, the prosecution urged the court to grant three consecutive hearings for the start of the trial, citing the need for a speedy hearing. However, the defense opposed the request, expressing doubts about the practicality of this timing.

Iyamu told the court that his client is currently in the custody of the Independent Corrupt Practices and Other Related Crimes Commission (ICPC), stressing that limited access to the accused within a narrow period of time could hamper effective preparation.

He argued that fixing the matter for three consecutive days may not be in the best interests of justice, urging the court to consider a more flexible schedule that would allow for adequate consultation between the lawyer and the defendant.

The defense also drew attention to a pending bail request filed Feb. 17, indicating its intent to pursue the former governor’s release. However, proceedings were temporarily stalled when it emerged that a further affidavit in support of the application had not yet been submitted to the court.

In response, Judge Abdulmalik waived the matter to allow the defense to regularize its motion.

The matter was subsequently adjourned for further proceedings, and the court is expected to consider the bail application before setting a final timetable for the trial.

El-Rufai is currently in custody at the ICPC, having been taken into custody on February 18, after two nights with the Economic and Financial Crimes Commission (EFCC). He faces an amended nine-count indictment bordering on alleged fraud and abuse of office during his tenure as governor.

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