*To remain in custody until May 18
The Department of State Services (DSS) on Thursday arraigned former Governor of Kaduna State, Nasir el-Rufai, for allegedly intercepting the conversations of the telephone line of the National Security Adviser (NSA), Nuhu Ribadu.
el-Rufai, who was arraigned before Justice Joyce Abdulmalik of the Federal High Court in Abuja on a five-count further amended charge, pleaded that he is not guilty to all the counts.
The charge was marked: FHC/ABJ/99/2026, when it was called, the DSS counsel, Oluwole Aladedoye, SAN, informed the court that the matter was fixed for the defendant to take his plea. He added that a further amended five-count charge had been filed on April 13.
The lawyer prayed the court to substitute it with the earlier three-count charge and that the earlier charge be struck.
Responding, el-Rufai’s counsel, Oluwole Iyamu, SAN, said he had been served with the amended charge and was not opposing it.
The judge thereafter, struck out the earlier three-count charge.
After the counts were read to the former governor, he pleaded that he is not guilty and Aladedoye sought three consecutive trial dates, which Iyamu objected to.
He submitted that since the defendant was detained at the Independent Corrupt Practices and Other Related Offences Commission (ICPC), gaining access to him within the three days of the trial might be difficult, stressing that setting out three straight days might not be in the best interest of the defence.
Iyamu also informed the court of a pending bail application filed on February 17th.
However, the further affidavit in support of the bail application was discovered not to be in the court file compelling the judge to stand down the matter for Iyamu to do the needful.
Upon resumed hearing, Iyamu moved the bail application and urged the court to grant their prayers. Aladedoye did not oppose the bail request, but prayed the court to set stringent conditions that would ensure that the defendant presents himself for trial.
Aladedoye proceeded to also move a motion seeking for an order to conceal the identity of two of the 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 but should be identified with their pseudonyms during trial.
Aladedoye said the application was informed by the belief that should their identities be revealed, the said witnesses, who are officials of the DSS, and members of their families would be exposed to danger and could be attacked by persons sympathetic to the defendant.
Iyamu however, objected to the application and argued that it was 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 to anybody or institution.
The defence lawyer said the defendant had dedicated his life to public service, warning that granting a blanket anonymity order could create serious prejudice against the defendant.
Iyamu also moved an application in which he prayed for an order directing the prosecution to furnish the defence with there proof of evidence attached to the charge to enable the defence prepare for trial, an application Aladedoye also opposed.
Aladedoye argued that the materials sought by the defence were documents unrelated to the processes filed by the prosecution.
el-Rufai’s lawyer also moved another application in which the defendant prayed for the quashing of the charge, which the DSS opposed arguing that the application lacked merit and should be dismissed.
Ruling, Justice Abdulmalik issued an order for a accelerated hearing of the case and adjourned the matter until May 18, May 19 and May 20 for ruling on all pending applications and for the prosecution to open its trial.
The judge also ordered that the defendant, who was brought from the custody of the 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 to enable them prepare their defence.
However, after the judge made the order, Iyamu drew the attention of the court that el-Rufai was brought from the ICPC custody on the order of two Kaduna courts, expressing their frustration.
Responding, Justice Abdulmalik held that it is the practice that all institutions confer amongst themselves to sort out the issues.
She stated since the DSS is the prosecution before her, she could only direct the secret police to afford the defendant necessary facilities to meet with his lawyers.
In count one the ex-governor was alleged to have intentionally and unlawfully interfered with the communication of the NSA, Mr Ribadu, which constitutes Critical National Information Infrastructure (CNII).
It said this is contained in Designation and Protection of Critical National Information Infrastructure Order, 2024 gazetted as Statutory Instrument No. 21 of 2024, as admitted by el-Rufai on February 13, while appearing as a guest on Arise TV’s Prime Time Programme in Abuja.
The offence, according to the prosecution, is 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.
