The Department of State Services (DSS) is set to arraign former Kaduna State Governor, Nasir El-Rufai, on February 25 for alleged cybercrime and breach of national security.
This was even as a Federal High Court sitting in Abuja on Friday adjourned the trial of former Attorney General of the Federation (AGF) Abubakar Malami, and his son, Abdulaziz, till 27 February.
The DSS accused El-Rufai of breaching the Cybercrimes Prohibition Act, (2024), and the Nigerian Communications Act (2003.)
In count one, El-Rufai was alleged to have, on 13 February, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, admitted during the interview that he and his cohorts unlawfully intercepted the phone communications of the National Security Adviser (NSA), Mr. Nuhu Ribadu.
The offence is said to be contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment, Act, 2024.
In count two, the ex-governor was alleged to have, on 13 February, while appearing as a guest on Arise TV station’s Prime Time Programme in Abuja, stated during the interview that he knew and related with a certain individual, who unlawfully intercepted the phone communications of the NSA, without reporting the said individual to relevant security agencies.
The offence is said to be contrary to and punishable under Section 27 (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment, Act, 2024.
Count three alleged that El-Rufai and others still at large, sometime in 2026, in Abuja, did use technical equipment or systems which compromised public safety, national security and instilled reasonable apprehension of insecurity among Nigerians by unlawfully intercepting NSA’s phone communications.
The DSS said the ex-governor admitted the act during an interview on February 13 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’.
The case against Malami and his son, filed by the DSS, was adjourned by Justice Joyce Abdulmalik, following a public holiday declared by the FCT Minister, Nyesom Nwike, ahead of the Abuja council election scheduled for tomorrow.
At division of the court, few of the court workers were around, while there was no lawyer or litigant in court, including Malami and his son.
It was, however, gathered that some of the lawyers and litigants who came to the court were turned back due to the work-free day declared by the minister.
The DSS had, on 3 February, arraigned the former AGF and his son on a five-count charge bordering on terrorism and illegal possession of firearms.
In the charge, marked FHC/ABJ/CR/63/2026, Malami is also accused of refusing to prosecute suspected terrorism financiers, whose case files were handed to him while he served as the AGF and Minister of Justice.
The Malamis are equally accused of warehousing firearms in their residence at Gesse Phase II Area, Birain Kebbi Local Council, Kebbi, without lawful authority. The duo, however, pleaded not guilty when the counts were read to them.
Shortly after they pleaded to the charge, prosecuting lawyer, Calistus Eze, asked the court to order their remand in the custody of the DSS and fix a date for the commencement of trial.
But the defence lawyer, Shuaibu Aruwan, applied orally for bail for the defendants, arguing that his clients had been in DSS custody for over two weeks.
Justice Abdulmalik rejected the oral bail application, noting that her court is a court of record, and ordered the defence to file a formal application for bail.
The judge, who ordered that the defendants be remanded in the custody of the DSS, had adjourned the matter till 20 February for the commencement of trial.
