The Federal High Court in Abuja, presided over by Justice Joyce Abdulmalik, on Monday granted bail to the former Governor of Kaduna State, Mallam Nasir El-Rufai, in the high-profile phone tapping trial. The seasoned politician was granted bail in the substantial sum of N100 million, a development that marks a significant turn in the cybercrime-related charges brought against him by the State Security Service (SSS).
Justice Abdulmalik, in her ruling, observed that the prosecution had not opposed El-Rufai’s application for bail. She further buttressed her decision by citing Section 36(5) of the Nigerian Constitution, which unequivocally states that every individual accused of a criminal offence is presumed innocent until proven guilty. This constitutional provision underscores the fundamental principle of justice in Nigeria’s legal system.
The court imposed a series of stringent conditions for the bail. El-Rufai is required to provide one surety in like sum, meaning the surety must also be bound by N100 million. This surety must be a resident of either Maitama or Asokoro districts of Abuja – prominent, high-brow areas known for their secure environments and significant property values. Furthermore, the surety must deposit the original Certificate of Occupancy (C of O) of a landed property with the court registry, ensuring a tangible commitment to the bail terms.
Adding to the demanding conditions, the surety must be a federal civil servant not below Grade Level 17, indicating a senior position within the public service. This individual is also mandated to provide verifiable evidence of salary payments for at least three months, authenticated by a letter from the manager of their bank, operating within the court’s jurisdiction. Other requirements for the surety include swearing an affidavit of means, entering into a bail bond, and submitting a recent passport photograph to the court registry.
For the defendant himself, Mr. El-Rufai is obligated to submit his international passport to the court and is strictly prohibited from traveling out of the country without the express permission of the presiding judge throughout the duration of his trial. Justice Abdulmalik also directed that a verification letter from the surety’s immediate department be submitted alongside a tax clearance certificate covering the last six months. In an unusual but significant condition, the court ordered Mr. El-Rufai to submit a letter of attestation from the chairperson of the Kaduna Traditional Council, highlighting the political and cultural gravitas of his persona.
Perhaps the most critical condition involves periodic reporting: Mr. El-Rufai is to report to the headquarters of the State Security Service (SSS) every last Friday of the month by 10 a.m. to sign an attendance register until the final determination of the case. The judge issued a stern warning that any failure to comply with these conditions would lead to an automatic revocation of the bail, underscoring the seriousness of the court’s directives.
Despite securing bail in this Abuja case, Mallam El-Rufai’s immediate release from custody remains uncertain. This is because he is currently under a separate remand order issued by the Kaduna State High Court. That court had, last month, denied him bail in an unrelated corruption trial and ordered his remand in the custody of the Independent Corrupt Practices and other related offences Commission (ICPC), postponing further proceedings until June. This ongoing legal entanglement means the former governor faces a dual judicial challenge.
The phone tapping case against Nasir El-Rufai originated from comments he made during a television interview in early February. In that interview, Mr. El-Rufai claimed that he, along with an unnamed associate, had intercepted a phone call involving the National Security Adviser (NSA), Nuhu Ribadu. He further alleged that during this intercepted call, Mr. Ribadu had issued an order for his arrest, a claim that immediately drew national attention and sparked a fierce debate about privacy and national security.
Following these revelations, the State Security Service (SSS) initiated cybercrime-related charges against El-Rufai at the Federal High Court in Abuja. The agency accused him of unlawful interception of communication and other offences linked to national security laws, setting the stage for the legal battle that has unfolded.
The initial arraignment for the case was slated for February 25 before Justice Abdulmalik, but proceedings could not commence as Mr. El-Rufai was not present in court. At the time, he was already in the custody of the ICPC in Kaduna over the separate corruption allegations. His legal team made an oral application for bail pending arraignment, but the judge declined, adjourning the case to April 23. In the interim, the SSS amended the initial three counts against El-Rufai to five counts, with all charges revolving around allegations that he unlawfully intercepted or accessed telephone communications involving NSA Ribadu.
On April 23, the SSS finally arraigned Mr. El-Rufai before the Federal High Court, where he formally pleaded not guilty to all five counts. During the proceedings, the prosecution requested specific dates for the commencement of trial, while the defence counsel pressed the court to hear an earlier bail application that had been filed in February. The defence argued that Mr. El-Rufai had demonstrated full cooperation with investigators and therefore deserved to be released on bail. However, the hearing could not be concluded due to the absence of Mr. El-Rufai’s further affidavit in support of the bail application from the court file, leading to an adjournment to Monday for the continuation of the bail hearing, which ultimately resulted in today’s ruling.
The SSS’s amended charges against El-Rufai specifically allege that he intentionally and unlawfully interfered with the communication of the National Security Adviser, Mr. Ribadu. They also accused him of obtaining classified information and aiding the interception of calls without due notification to security agencies. Furthermore, the agency claimed that El-Rufai deployed technical equipment in a manner that compromised public safety, national security, and caused reasonable fear of insecurity among Nigerians during the alleged interception of Mr. Ribadu’s communication. These charges were filed under the provisions of the Designation and Protection of Critical National Information Infrastructure Order 2024 and the Cybercrimes (Prohibition, Prevention) Amendment Act, underscoring the serious nature of the allegations.
Originally sourced from Premium Times. This article has been rewritten for our readers.
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