The planned arraignment of former Kaduna State Governor, Nasir El-Rufai, over allegations of unlawful interception of the telephone line of the National Security Adviser (NSA), Nuhu Ribadu, was stalled on Wednesday after the Department of State Service (DSS) failed to produce him in court.
The DSS had instituted a three-count charge against El-Rufai, accusing him of unlawful interception of phone communications and breach of the Nigerian Communications Act 2003.
When the matter was called, prosecution counsel, Oluwole Aladeloye (SAN), informed the court that the case was slated for the defendant’s arraignment. However, proceedings could not go on in the absence of the former governor, as the DSS did not present him before the court.
Aladeloye said that business would be impossible in the absence of the defendant, who could not be produced in court because he was currently with the Independent Corrupt Practices and other related offences Commission (ICPC).
He applied for an adjornment to enable the DSS liaise with the ICPC to have the defendant produced on the next date.
Lawyer to the defendant, Oluwole Iyamu (SAN) expressed discomfort that his client was not produced in court.
Iyamu argued that should the DSS actually wanted the defendant in court, it would have been easy, because El-Rufai was in the custody of a sister agency with the security outfit.
He cited sections 158 and 159 of the Administration of Criminal Justice Act (ACJA) 2015 and urged the court to either hear his client’s pending bail application or order his production the next day.
Ruling, Justice Joyce Abdulmalik agreed with Aladeloye that the issue of bail was premature since the defendant has not been properly brought before the court for his arraignment.
Justice Abdulmalik said it was the responsibility of the prosecution to produce the defendant before that court and proceeded to adjourn till April 23 for arraignment.
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