El-Rufai was never in our custody, says DSS as court shifts arraignment to April 23

A federal high court in Abuja has adjourned the arraignmentof Nasir el-Rufai, former Kaduna state governor, to April 23. The DSS had filed a three-count charge against el-Rufai overalleged unlawful interception of a telephone conversation, following commentshe made during a television interview. The court had thereafter fixed February 25 for theex-minister’s arraignment. At the court session on Wednesday, el-Rufai was absent. Oluwole Aladedoyin, counsel to the prosecution, said theformer governor is still in the custody of the Independent Corrupt Practicesand Other Related Offences Commission (ICPC). “Unfortunately, the defendant is with the ICPC, and I do notknow how far the investigation with the ICPC has gone,” Aladedoyin said. Aladedoyin prayed the court to grant a two-week adjournmentto enable them secure the defendant’s attendance in court after ICPC’sinvestigation. Although Oluwole Iyamu, counsel to el-Rufai, did not opposethe application for arraignment, he sought to move an application seeking bailfor his client. Citing Section 158 of the Administration of Criminal JusticeAct (ACJA), Iyamu said the bail can be heard and granted even before adefendant is arraigned. He said leaving the defendant in custody for another twoweeks before considering bail would amount to “oppressive behaviour” by theprosecution. The counsel said the DSS had the time to prepare for thecase considering that the charge was filed since February 16. He also said heknew “for a fact” that the DSS handed over el-Rufai to the ICPC. Responding, Aladedoyin rejected the submission that theformer governor was taken into custody by the security service. “May I correct the impression that we took the defendant toICPC. We didn’t,” the prosecution counsel said. “The defendant was initially detained by the EFCC. It isfrom the EFCC he was taken to the ICPC. He has never been in DSS custody.”

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