DSS arraignment of Nasir El-Rufai postponed as Federal High Court defers hearing over ongoing ICPC investigation and sets new date for April 23

The Department of State Services (DSS) failed to arraign former Kaduna State governor Malam Nasir El-Rufai at the Federal High Court in Abuja on Wednesday over alleged cybercrime and breach of the Communications Act.

Also read: Court Orders Bauchi Finance Commissioner to Report to DSS

El-Rufai was absent from court when the case was called, as he remained under investigation by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Senior Advocate of Nigeria, SAN, Oluwole Aladedoye, informed the court that the DSS has no jurisdiction over the sister agency, requesting an adjournment to 23 March.

Counsel to El-Rufai, Oluwole Iyamu, did not oppose the adjournment but formally requested bail for the former governor, citing legal authorities.

DSS counsel argued that the bail application was premature and could only be considered after formal arraignment.

Justice Joyce Abdulmalik declined the bail request, emphasising that it could only be filed once El-Rufai is arraigned.

The court has now fixed 23 April for the arraignment.

The DSS filed a three-count charge against El-Rufai (FHC/ABJ/CR/99/2026), accusing him of unlawfully intercepting telephone communications of the National Security Adviser, Mallam Nuhu Ribadu, in breach of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

The counts allege that on 13 February 2026, El-Rufai admitted to intercepting the NSA’s communications, associating with others who did so without reporting them, and using technical systems to compromise public safety and national security.

Also read: Northern Youths Seek Prosecution of Sowore Over DSS Video Leak

The case highlights ongoing scrutiny of public officials’ actions and raises questions about oversight, cybersecurity, and inter-agency coordination in Nigeria.