The bid by the Department of the State Services, DSS, to arraign the immediate past governor of Kaduna State, Malam Nasir El-Rufai, at the Federal High Court in Abuja on Wednesday has flopped.

El-Rufai was scheduled to be arraigned for alleged cybercrime and breach of the Communications Act.

However, El-Rufai was not in court when the DSS case against him was called.

A Senior Advocate of Nigeria, SAN, Oluwole Aladedoye, informed the court that the former governor was still with the Independent Corrupt and Practices and other related offences Commission, ICPC. ICPC is also investigating the ex-governor over different matters.

Aladedoye said the DSS has no control over the sister agency and requested an adjournment to March 23.

Counsel to El-Rufai, Oluwole Iyamu, did not oppose adjournment but vehemently demanded for bail for the former governor.

He cited several authorities to back up the request for bail.

The DSS lawyer however opposed the bail request on the ground that it was premature, adding that the issue of bail can only be raised after the formal arraignment.

Justice Joyce Abdulmalik after taking the arguments declined to grant the bail request, adding that her court was not yet adjudicating the matter.

The judge agreed that El-Rufai can only apply for bail after the arraignment.

Meanwhile, the judge has fixed April 23 for the arraignment.

The Department of State Services, DSS, filed the charge against El-Rufai over his alleged involvement in wiretapping the telephone lines of the National Security Adviser, NSA, Mallam Nuhu Ribadu.

In the three-count charge, marked: FHC/ABJ/CR/99/2026 was filed before the Federal High Court in Abuja, the secret police accused the former governor of breaching the Cybercrimes Prohibition Act, (2024), and the Nigerian Communications Act (2003.)

Counts in the charge read:

That you, Mallam Nasir El Rufai, adult, male, on 13th February, 2026, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, within the jurisdiction of this court, did admit during the interview that you and your cohorts unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu 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, on 13th February, 2026, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, within the jurisdiction of this court, did state during the interview that you know and relate with certain individual, who unlawfully intercepted the Phone Communications of the National Security Adviser, Nuhu Ribadu, without reporting the said individual to relevant Security agencies and thereby committed an offence contrary to and punishable under Section 27 (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 court, with others still at large did use technical equipment or systems which compromised public safety, national security and instilling reasonable apprehension of insecurity among Nigerians by unlawfully intercepting the phone 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) Nigerian Communications Act 2003.