A Federal High Court sitting in Abuja on Wednesday declined to entertain a bail application filed by the immediate past Governor of Kaduna State, Nasir El-Rufai, describing the request as premature.
The presiding judge, Justice Joyce Abdulmalik, held that since the former governor had not been formally arraigned and was not in the custody of the Department of State Services (DSS), the issue of bail could not arise at this stage.
During the proceedings, lead prosecution counsel, Oluwole Aladeloye (SAN), informed the court that the defendant was absent because he remained in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Counsel to the DSS argued that, given El-Rufai’s absence in court and the fact that he had not yet been formally arraigned, the application for bail filed by defence counsel, Oluwole Iyamu (SAN), was procedurally premature.
In a brief ruling, Justice Abdulmalik upheld the DSS’s argument and adjourned the matter until April 23 to allow the DSS liaise with the ICPC on arrangements to produce the former governor in court.
The DSS has filed a three-count charge against El-Rufai, alleging unlawful interception of the telephone communications of the National Security Adviser, Nuhu Ribadu, and breach of the Nigerian Communications Act 2003.
