Nasir El-Rufai, former Governor of Kaduna State, has been arraigned at the Federal High Court in Abuja on a five-count amended charge related to the alleged illegal interception of the mobile phone of National Security Adviser Nuhu Ribadu. The Department of State Services (DSS) filed the charge, alleging that El-Rufai intentionally and unlawfully accessed classified communication tied to the Critical National Information Infrastructure (CNII), as defined in the Designation and Protection of Critical National Information Infrastructure Order, 2024, Statutory Instrument No. 21 of 2024. The prosecution cited El-Rufai's admission during an Arise TV Prime Time Programme appearance on February 13, 2026, as evidence of the offence, which violates Paragraph 7(b) & (c) of the 2024 Order and is punishable under Section 5(1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024. A second count accuses El-Rufai of unauthorized access to classified information concerning Ribadu's arrest and detention on February 12, 2026, also admitted during the same TV appearance, an act said to breach Section 6(2) of the Cybercrimes Act.
El-Rufai pleaded not guilty to all charges. His lawyer, Oluwole Iyamu (SAN), stated that his client had been in the custody of the Independent Corrupt Practices Commission (ICPC), making access difficult, and urged the court to consider a bail application dated February 17. The prosecution, led by Oluwole Aladedoye (SAN), requested three trial days and applied for witness identity concealment, including face shielding and pseudonyms, citing potential threats from El-Rufai's supporters. The defence opposed, arguing that no evidence showed El-Rufai led a cult-like following or posed a threat warranting a concealed trial, and that such measures would infringe his constitutional right to know his accusers. Justice Joyce Abdulmalik adjourned proceedings to May 18, 19, and 20, without ruling on the bail application. El-Rufai also faces a separate 10-count charge in Kaduna over alleged money laundering and abuse of office involving N579.6 million and $1.1 million, where previous bail applications have faced delays. Former NBA Garki Branch chairman Obioma Ezenwobodo and lawyer Adam Abdulkadir have criticized the denial of legal access, calling it a breach of Section 36(6)(c) of the 1999 Constitution.
El-Rufai is charged over a phone hack he openly admitted to on live television, yet the court delayed ruling on his bail despite no objection from the DSS. His continued restricted access to legal representation while in ICPC custody undermines the constitutional right to fair hearing. If the state can hold a high-profile defendant without timely judicial determination on bail, the precedent weakens due process for all Nigerians in similar situations. The irony lies in a man speaking freely on TV about classified acts while being denied basic legal access in custody.
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