Wiretapping: El-Rufai pleads not guilty as FG files fresh charges

The Federal Government has expanded the criminal case against former Kaduna State governor, Nasir El-Rufai, introducing new allegations related to interference with critical national infrastructure and unauthorised access to classified information.

The updated charges are contained in a further amended five-count charge filed on April 13, 2026, before the Federal High Court in Abuja, replacing an earlier three-count charge instituted on February 16.

At his arraignment on Thursday before Justice Joyce Abdulmalik, El-Rufai pleaded not guilty to all counts after the court granted the prosecution’s request to substitute the initial charge.

Counsel to the Department of State Services (DSS), Oluwole Aladedoye (SAN), told the court that the amended charge significantly revised the earlier allegations and urged the court to adopt the new processes.

Unlike the initial charge, which focused mainly on alleged unlawful interception of communications, the fresh counts introduce broader national security concerns.

In one of the new counts, the prosecution accused El-Rufai of unlawfully interfering with communications belonging to the National Security Adviser, Nuhu Ribadu, describing the channel as part of Nigeria’s critical national information infrastructure.

The charge states that the alleged act contravenes provisions of the Designation and Protection of Critical National Information Infrastructure Order, 2024, and is punishable under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

Another newly introduced count alleges that El-Rufai, without authorisation, accessed classified information relating to Ribadu, including details of his arrest and detention order issued on February 12, 2026.

The amended charge also retains earlier allegations in revised form. One count accuses the former governor of unlawfully intercepting the NSA’s communications, while another alleges that he and others still at large deployed technical systems that compromised public safety and national security, thereby causing widespread fear.

Following confirmation by defence counsel, Oluwole Iyamu (SAN), that the amended charge had been received, the court struck out the earlier charge and proceeded with a fresh arraignment.

After the plea, the prosecution sought an accelerated hearing with three consecutive trial dates, but the defence objected, citing concerns over restricted access to counsel due to El-Rufai’s custody under the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

The DSS also requested permission to protect the identities of two witnesses by using pseudonyms, citing security concerns. The defence opposed the application, arguing it violated the defendant’s constitutional right to know his accusers.

Disagreements also arose over access to proof of evidence, with the defence seeking full disclosure to prepare for trial, while the prosecution described the request as procedurally flawed.

The defence further filed a motion to quash the amended charge, which the prosecution urged the court to dismiss.

After hearing arguments from both sides, Justice Abdulmalik adjourned the matter to May 18, 19 and 20, 2026, for hearing.

In a related development, the Kaduna State High Court denied El-Rufai’s bail application, citing the seriousness of the allegations and the risk of interference with ongoing investigations.

Delivering the ruling on April 21, 2026, Justice D.H. Khobo held that the gravity of the charges and concerns raised by the prosecution outweighed the arguments for bail.

El-Rufai had approached the court seeking release on self-recognisance or liberal terms, arguing that the offences were not capital in nature and that he posed no flight risk due to his strong community ties and fixed addresses.

He also stated that he voluntarily returned from Egypt on February 16 to honour an invitation from the Economic and Financial Crimes Commission (EFCC), and raised concerns about his health.

However, the ICPC opposed the application, describing the offences as serious and alleging that the former governor could interfere with witnesses and investigations.

The agency also dismissed his health claims due to lack of supporting medical evidence.

In his ruling, Justice Khobo stated that the interest of justice required that the defendant remain in custody to ensure an accelerated trial.

The court subsequently ordered that El-Rufai remain in ICPC custody pending trial and fixed June 1, 2, 3 and 4, 2026, for day-to-day hearing.

For now, the former governor remains in detention as proceedings continue.