Former Kaduna State Governor, Nasir El-Rufai, was arraigned on Thursday before Justice Joyce Abdulmalik of the Federal High Court in Abuja by the State Security Service (SSS), also referred to as the Department of State Services (DSS), on five amended charges bordering on alleged breach of national security and phone tapping. Mr El-Rufai pleaded not guilty to all counts.

The SSS had initially filed these charges in February, following Mr El-Rufai's public claim on a live television programme that he had intercepted a phone call of the National Security Adviser (NSA), Nuhu Ribadu. The charges accuse him of "Intentionally and unlawfully interfering with the communication of the National Security Adviser (NSA), Nuhu Ribadu," securing classified information, and aiding call interception without reporting to security agencies. Another count alleged that Mr El-Rufai and others still at large, sometime 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 the NSA’s phone communications. These charges were brought under the Designation and Protection of Critical National Information Infrastructure Order of 2024, the Cybercrimes (Prohibition, Prevention) Amendment Act (2024), and the Nigerian Communications Act (2003).

During the proceedings, prosecution lawyer Oluwole Aladedoye (SAN) informed the court that the five-count amended charges were filed on April 13 and successfully prayed for them to substitute an earlier indictment containing three counts. Mr El-Rufai's lawyer, Oluwole Iyamu (SAN), confirmed being served with the amended charges and offered no objection, leading the judge to strike out the previous indictment.

Mr Iyamu then requested a hearing for his client's bail application, which was reportedly filed on February 17. However, the bail hearing stalled because a further affidavit supporting the bail application was not found in the court file. Justice Abdulmalik initially paused proceedings for the document but eventually adjourned the hearing until May 18. Pending the bail hearing, the court ordered Mr El-Rufai to be remanded in the custody of the SSS, the prosecuting agency.

This arraignment adds to a series of legal challenges for Mr El-Rufai, a vocal critic of President Bola Tinubu. His arraignment by the SSS was previously delayed due to his detention by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). He was first arrested by the Economic and Financial Crimes Commission (EFCC) in February, and then immediately by the ICPC three days after his release. While in ICPC custody, agents raided his Abuja residence, prompting Mr El-Rufai to file a N1 billion suit against the ICPC for what he termed an illegal search. The ICPC is currently prosecuting him in two separate corruption cases in Kaduna, where he was recently denied bail in one case and further remanded in ICPC custody before being transferred to SSS custody for the current charges.

The backstory to the phone tapping charges dates back to Mr El-Rufai's claim on an Arise Television programme in February, where he stated that he and an accomplice intercepted NSA Ribadu's phone call. He alleged that in this call, the NSA directed security operatives to detain him, linking this to an attempted arrest at the Nnamdi Azikiwe International Airport on February 12 upon his return from Cairo, Egypt, during which his passport was reportedly confiscated.