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El Rufai pleads not guilty to amended wiretapping charges

The Department of State Services on Thursday, arraigned former Kaduna State Governor, Nasir El-Rufai, before the Federal High Court in Abuja on a five-count amended charge bordering on alleged unlawful interception of communications and breach of national security.


El-Rufai, who appeared before Justice Joyce Abdulmalik, pleaded not guilty to all the counts.


At the resumed proceedings, DSS counsel, Oluwole Aladedoye (SAN), informed the court that the matter was fixed for the defendant to take his plea, adding that a further amended five-count charge was filed on April 13.


He urged the court to substitute the earlier three-count charge with the amended one.


Count four of the amended charges reads “That you, Mallam Nasir El Rufai, adult, male, intentionally and without authorization, intercepted the communications of the National Security Adviser, Nuhu Ribadu, as admitted by you on 13” 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.


Count five reads, “ 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 13” 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.”


Counsel to the defendant, Oluwole Iyamu (SAN), confirmed he had been served with the amended charge and indicated that he was not opposing the substitution.


Following the application, the court struck out the earlier three-count charge and proceeded to read the amended counts to the former governor, who again entered a “not guilty” plea.


The prosecution thereafter applied for three consecutive trial dates. Still, the defence objected, arguing that the defendant’s access to counsel could be constrained due to his custody under the Independent Corrupt Practices and Other Related Offences Commission.


The defence also informed the court of a pending bail application filed on February 17, noting that a further affidavit was initially missing from the case file before it was later located during proceedings.


The DSS, however, stated that it did not oppose the bail application.


In a separate application, the prosecution sought an order to conceal the identities of two witnesses, requesting that their names be excluded from public court records and replaced with pseudonyms, citing safety concerns for their families.


The defence opposed the application, arguing that it infringed on the constitutional right of an accused person to know his accusers and that no evidence had been presented to justify fears of targeted attacks.


The defence further urged the court to compel the prosecution to disclose proof of evidence to enable adequate trial preparation, an application the prosecution also opposed, describing it as unrelated to the filed processes.


The defence additionally filed an application seeking to quash the amended charge, while the prosecution urged the court to dismiss it because it lacked merit and could not be sustained after the plea had been taken.


After hearing arguments from both sides, Justice Abdulmalik adjourned the matter to May 18, 19, and 20 for hearing.

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