Former Kaduna governor remains in ICPC custody; court rejects bail bid as premature amid high-profile political tensions.
The scheduled arraignment of former Kaduna State Governor, Mallam Nasir El-Rufai, before the Federal High Court in Abuja on Wednesday, February 25, 2026, suffered a major setback after the Department of State Services (DSS) failed to produce him in court, leading to an adjournment until April 23, 2026 .
The case stems from a three-count charge filed by the DSS against El-Rufai over his public admission that he and unnamed associates unlawfully intercepted the phone communications of the National Security Adviser (NSA), Mallam Nuhu Ribadu .
Why El-Rufai Was Not in Court
When the matter was called before Justice Joyce Abdulmalik, counsel for the DSS, Oluwole Aladedoye (SAN) , informed the court that El-Rufai was still being held by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in connection with separate investigations . He explained that the DSS had no control over the sister agency and requested an adjournment .
El-Rufai’s lawyer, Oluwole Iyamu (SAN) , did not oppose the adjournment but vehemently applied for bail for the former governor, citing several legal authorities . However, the DSS counsel opposed the application as premature, arguing that bail could only be considered after formal arraignment .
Justice Abdulmalik declined to entertain the bail request, ruling that the court was not yet seized of the matter and that the application was “immature” . She subsequently adjourned the case to April 23 for proper arraignment .
The Three-Count Charge
In the charge marked FHC/ABJ/CR/99/2026, the federal government alleges that El-Rufai :
Count One: While appearing as a guest on Arise TV’s Prime Time Programme in Abuja on February 13, 2026, admitted that he and his cohorts unlawfully intercepted the phone communications of NSA Nuhu Ribadu—an offence contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
Count Two: Stated during the same interview that he knew and related with an individual who unlawfully intercepted the NSA’s communications, without reporting that person to relevant security agencies—an offence under Section 27(b) of the Cybercrimes Act.
Count Three: Allegedly, along with others still at large, used technical equipment or systems that compromised public safety and national security by unlawfully intercepting the NSA’s phone communications, instilling reasonable apprehension of insecurity among Nigerians—contrary to Section 131(2) of the Nigerian Communications Act 2003.
Background: The TV Interview
The charges stem from El-Rufai’s February 13 interview, where he claimed that associates had intercepted communications linking Ribadu to a plan targeting him .
“Ribadu made the call because we listened to their calls. The government thinks that they’re the only ones that listen to calls. But we also have our ways. He made the call. He gave the order that they should arrest me,” El-Rufai stated .
When the interviewer interjected that such interception was illegal, El-Rufai acknowledged: “Because that technically is illegal, I know, but the government does it all the time. They listen to our calls all the time without a court order” .
Presidential Aide’s Reaction
Following the interview, Temitope Ajayi, Senior Special Assistant to the President on Media and Publicity, criticized El-Rufai, warning that his admission provided grounds for investigation .
“El-Rufai admitted on a national television that someone tapped the phone of the NSA for him to listen to his conversation. When Charles Aniagolu, the interviewer, interjected that that was an illegal action, El-Rufai agreed to the illegality. By the time he is picked up to produce the person who illegally tapped the NSA’s phone, he would say President Tinubu is a ‘tyrant’ and persecuting him,” Ajayi wrote .
El-Rufai Challenges Charges
El-Rufai has filed a motion urging the court to quash the charges, arguing they are incompetent, disclose no offence known to law, and constitute a “gross abuse of court process” .
His legal team contends :
· A “casual remark” made on a television programme cannot be elevated to a “judicial confession”
· The statement was made without caution, voluntarily, and not under conditions satisfying the Judges’ Rules
· The prosecution has “criminalised the act of making statements on a television programme, an act not defined as an offence in any written law”
· There is a total absence of forensic audits, statements from telecom providers, or evidence of equipment used
El-Rufai is seeking N2 billion in damages against the DSS for what he terms “abuse and misuse of court process” .
Ongoing Legal Battles
El-Rufai, a prominent critic of President Bola Tinubu, faces multiple investigations . The EFCC first arrested him last week over alleged money laundering, after which the ICPC immediately took him into custody .
While in ICPC custody, operatives raided his Abuja residence, prompting El-Rufai to file a N1 billion fundamental rights enforcement suit against the ICPC for what he described as an unlawful search .
His media adviser, Muyiwa Adekeye, alleged the former governor suffered a nosebleed in detention and was denied access to meals brought by family members .
Political Solidarity
Bolaji Abdullahi, former Minister of Youth and Sports Development, was present in court in solidarity with El-Rufai . Other chieftains of the African Democratic Congress (ADC) also attended to observe proceedings .
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