The Department of State Services (DSS) on Thursday arraigned former Kaduna State Governor Nasir El-Rufai on an amended five-count charge bordering on alleged breach of national security.

El-Rufai was arraigned before Justice Joyce Abdulmalik of the Federal High Court, Abuja, and pleaded not guilty to all counts.

At the hearing, DSS counsel Oluwole Aladedoye told the court that the matter was slated for the defendant’s plea. He said a further amended five-count charge was filed on April 13 and asked the court to substitute it for the earlier three-count charge.

El-Rufai’s counsel, Oluwole Iyamu, confirmed service of the amended charge and did not oppose the application. Justice Abdulmalik subsequently struck out the previous three-count charge.

After the charges were read, the former governor entered a not-guilty plea. The prosecution then requested three consecutive dates for trial.

Iyamu objected to consecutive trial dates, arguing that El-Rufai was in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and access to him within that period might be difficult. He said the proposed schedule would not serve the interest of the defence.

The defence also notified the court of a bail application filed on February 17. Proceedings were briefly stood down when the further affidavit in support of the application was not immediately found in the court file. Upon resumption, the document was located. The DSS said it would not oppose the bail application.

Prosecution Seeks Witness Protection

The DSS moved an application seeking to conceal the identities of two prosecution witnesses. It asked the court to:
1. Exclude the witnesses’ identities from public court records.
2. Allow the use of pseudonyms during trial.

The prosecution argued that the witnesses’ families could be vulnerable to attacks from persons sympathetic to El-Rufai.

The defence opposed the application in a written address and further affidavit, urging the court to dismiss it. Iyamu argued that an accused person has a constitutional right to know his accusers. He added that there was no evidence before the court suggesting El-Rufai had a “cult-like following” or posed any threat. He noted that the former governor had dedicated his life to public service and warned that a blanket anonymity order could prejudice the defendant.

Other Applications

The defence also applied for an order compelling the prosecution to provide proof of evidence to prepare for trial. The prosecution opposed the request in a counter-affidavit, arguing that the materials sought were unrelated to its filed processes.

In addition, the defence informed the court it had filed an application to quash the charge. The prosecution countered with a written address urging the court to dismiss the application for lacking merit, raising legal arguments that an application to quash cannot be brought after a plea has been taken.

Justice Abdulmalik adjourned the case to May 18 for continuation of hearing.