The planned arraignment of former Kaduna State governor, Nasir El-Rufai, was postponed on Wednesday following his absence in court, delaying proceedings in the high-profile case.
The arraignment was adjourned to April 23 after the court was informed that El-Rufai is currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
During proceedings the defense counsel moved an application for bail, in the absence of the defendant, but was countered by the prosecution counsel.
In a brief ruling, Justice Abdumalik held that a bail application cannot be moved prior to an arraignment.
Counsel to the Department of State Services (DSS), Oluwole Aladedoyin, told the court that El-Rufai still in the custody of the Independent Corruption Practice and Other Related Offenses Commision, ICPC, hence his inability to be arraigned.
According to the counsel the anti-graft agency is holding the defendant in connection with a separate investigation.
“Unfortunately, the defendant is with the ICPC, and I am unable to confirm the stage of their investigation,” the prosecutor said, adding that the prosecution was ready to proceed once the defendant is made available.
The judge subsequently adjourned the matter to allow the relevant agencies to resolve the custodial issue.
Prosecutors from the DSS had sought to formally arraign the former governor on a three-count charge relating to the alleged unlawful interception of a telephone conversation.
According to the prosecution, the charges stem from comments he made during a televised interview, which security authorities believe violated existing laws.
The court had earlier fixed the arraignment date after the DSS filed its charge sheet. However, Wednesday’s proceedings ended without substantive progress due to the defendant’s absence.
The case is being heard at the Federal High Court in Abuja and has attracted considerable public attention given El-Rufai’s political profile.
Attention will now turn to whether the ICPC concludes its investigation before the next adjourned date and whether the former governor will be produced in court to enter his plea when proceedings resume.