A Federal High Court sitting in Abuja, on Wednesday, declined to hear a bail application by the immediate-past governor of Kaduna State, Mallam Nasir El-Rufai, on his anticipatory detention by the Department of State Services (DSS).
The court held that, since the former governor was not yet in the custody of DSS, talking about whether or not to grant him bail was premature. The court, therefore, adjourned to April 23.
During the proceedings, lead counsel for the prosecution, Oluwole Aladeloye (SAN), informed the court that the defendant was not in court as he was still in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Counsel to the DSS argued that, following El-Rufai’s absence in court, the issue of his bail as raised by the defense counsel, Oluwole Iyamu, SAN, did not arise at the stage.
In a brief ruling, the presiding judge, Justice Joyce Abdulmalik, upheld the argument of the DSS that, since the defendant had not been formally arraigned, the issue of bail was premature. The judge adjourned till April 23 to enable the DSS liaise with the ICPC on how to produce the former governor in court.
The DSS had slammed a three-count charge against El-Rufai, accusing him of unlawfully intercepting the telephone communications of the National Security Adviser (NSA), Mallam Nuhu Ribadu, and for breaching the Nigerian Communications Act 2003.
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