Agency seeks order to conceal witnesses identities
The Department of State Services (DSS) yesterday arraigned former Kaduna State Governor Nasir El-Rufai at the Federal High Court in Abuja for allegedly intercepting National Security Adviser (NSA) Nuhu Ribadu’s phone conversations.
El-Rufai pleaded not guilty to a five-count amended charge, marked FHC/ABJ/99/2026, before Justice Joyce Abdulmalik.
Prosecuting counsel, Oluwole Aladeloye (SAN), told the court that the case was scheduled for arraignment following a further amended charge of five counts to replace an earlier three.
Defence lawyer, Oluwole Iyamu (SAN), said he was served and was not opposed to the defendant being arraigned on the amended charge.
Following El-Rufai’s not guilty plea, Aladeloye urged the court to grant his plea for the case to go on for three consecutive days for the prosecution to conduct its trial.
Iyamu expressed discomfort about the three days sought by Aladeloye on the grounds that his client was still being held in custody, a development that may hinder his interaction with him in preparation for his trial.
He informed the court of a pending bail application, which was filed on February 17.
Proceedings got stalled midway through the hearing of the defendant’s bail application when the judge noted that a document referred to by Iyamu was not in the court’s file.
The judge stood down the case for the defence lawyer to ensure that the document was filed properly before the court.
When proceedings resumed some minutes later, Iyamu moved the bail application, which the prosecuting officer did not oppose, but only urged the court to set conditions that would ensure that the defendant presents himself for trial.
Aladeloye moved a motion seeking an order to conceal the identities of two of five witnesses to be called by the prosecution.
He said the prosecution desires that the identities of the two witnesses should not appear in public court records, and they should be identified with pseudonyms.
Aladeloye said the application was informed by the belief that should their identities be revealed, the witnesses, who are DSS officials, and members of their families would be exposed to danger and could be attacked by persons sympathetic to the defendant.
Iyamu objected to the application and argued it is the constitutional right of a defendant to know his accusers.
He further submitted that there was no evidence before the court showing that El-Rufai had any cult-like followership or posed a threat.
The defence lawyer said the defendant had dedicated his life to public service and warned that granting a blanket anonymity order could create serious prejudice against the defendant.
Iyamu also moved an application in which he is praying for an order directing the prosecution to furnish the defence with proof of evidence to prepare for trial, an application that Aladeloye also opposed.
Aladeloye argued the materials sought by the defence were documents unrelated to the processes filed by the prosecution.
The defence lawyer also moved another application in which the defendant is praying for the quashing of the charge, an application Aladeloye also objected to, arguing that it lacks merit.
Ruling, Justice Abdulmalik issued an order for accelerated hearing and adjourned to May 18, 19, 20 for ruling on the applications.
The judge also ordered that the defendant, who was brought from the custody of the Independent Corrupt Practices and other related offences Commission (ICPC) in relation to a separate case, should be remanded in the custody of the DSS.
She ordered that the defence lawyers should comply with the operating procedure of the DSS and that the officials of the DSS should cooperate with the defence lawyers to enable them to prepare his defence.
El-Rufai is facing two other court cases before the Federal High Court in Kaduna and the Kaduna State High Court.
The cases are related to his alleged misconduct during his tenure as Kaduna State governor.
Counts in the amended charge read:
•That you, Mallam Nasir El-Rufai, adult, male, intentionally and unlawfully interfered with the communication of the National Security Adviser (NSA), Nuhu Ribadu, which constitutes Critical National Information Infrastructure (CNII) as contained in Designation and Protection of Critical National Information Infrastructure Order, 2024 gazetted as Statutory Instrument No. 21 of 2024, as admitted by you on 13th February, 2026 while appearing as a guest on Arise TV Station’s Prime Time Programme in Abuja, within the jurisdiction of this honourable court and thereby committed an offence contrary to Paragraph 7 (b) & (c) of the Designation and Protection of Critical National Information Infrastructure Order, 2024 and punishable under Section 5 (1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
•That you, Mallam Nasir El-Rufai, adult, male, without authorization, intentionally secured access to classified information by the National Security Adviser, Nuhu Ribadu, ordering your arrest and detention on 12th of February, 2026, as admitted by you on 13th February, 2026, while appearing as a guest on Arise TV Station’s Prime Time Programme in Abuja, within the jurisdiction of this honourable court, and thereby committed an offence contrary to and punishable under Section 6(2) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
•That you, Mallam Nasir El-Rufai, adult, male, intentionally and without authorisation, intercepted the communications of the National Security Adviser, Nuhu Ribadu, as admitted by you on 13th February, 2026, while appearing as a guest on Arise TV Station’s Prime Time Programme in Abuja, within the jurisdiction of this honourable court, and thereby committed an offence contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
•That you, Mallam Nasir El Rufai, adult, male, know, aided, abetted, procured and/ or related with certain individual, who unlawfully intercepted the communications of the National Security Adviser, Nuhu Ribadu, without reporting the said individual to relevant Security Agencies, as admitted by you on 13th February, 2026, while appearing as a guest on Arise TV Station’s Prime Time Programme in Abuja, within the jurisdiction of this honourable court, and thereby committed an offence contrary to and punishable under Section 27 (1) (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
•That you, Mallam Nasir El Rufai, adult, male and other still at large, sometime in 2026, in Abuja, within the jurisdiction of this Honourable, did use technical equipment or systems which compromised public safety, national security and instilling reasonable apprehension of insecurity among Nigerians by unlawfully intercepting the communications of the National Security Adviser, Nuhu Ribadu, to which you admitted during an interview on 13th February, 2026, on Arise TV Station’s Prime Time Programme in Abuja and thereby committed an offence contrary to and punishable under Section 131(2) of Nigerian Communications Act, 2003.
