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.
The court held that since the former governor was not yet in the custody of the Department of State Services, discussing whether to grant him bail was premature. The court adjourned until April 23.
During the proceedings, lead counsel for the prosecution, Oluwole Aladeloye, 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.
Counsel to the DSS argued that, following El-Rufai’s absence in court, the issue of his bail, as raised by the defence counsel, Oluwole Iyamu, SAN, did not arise at the stage.
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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 to 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 breaching the Nigerian Communications Act 2003.
The prosecution maintained that the charges against the former governor were serious and bordered on national security, stressing that due process must be followed before any bail application could be entertained.
Defence counsel, however, urged the court to consider the fundamental rights of the defendant, arguing that prolonged custody without arraignment could infringe on constitutional protections. He insisted that the court had the jurisdiction to hear the bail application notwithstanding the custody dispute between agencies.
Legal observers say the case may test inter-agency coordination between the DSS and ICPC, as well as procedural requirements surrounding arraignment and bail applications in high-profile matters involving public officials. The outcome of the next hearing is expected to clarify the immediate legal standing of the former governor.
