The attempt by the Department of the State Services (DSS) to arraign the immediate past governor of Kaduna State, Nasir El-Rufai, before the Federal High Court, Abuja on Wednesday was unsuccessful.
El-Rufai was slated to be arraigned on allegations bordering on cybercrime and violations of the Communications Act. However, proceedings could not commence as the former governor was absent when the case was called.
Addressing the court, Senior Advocate of Nigeria, Oluwole Aladedoye, informed the judge that El-Rufai was still in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which is also investigating him over separate matters.
Aladedoye noted that the DSS had no authority over the ICPC and consequently sought an adjournment of the case to March 23.
Counsel to El-Rufai, Oluwole Iyamu, did not oppose the request for adjournment but strongly pressed the court to grant bail to the former governor.
He cited several authorities to back up the request for bail.
The DSS lawyer however opposed the bail request on the ground that it was premature, adding that the issue of bail can only be raised after the formal arraignment.
Justice Joyce Abdulmalik after taking the arguments declined to grant the bail request, adding that her court was not yet adjudicating the matter.
The judge agreed that El-Rufai can only apply for bail after the arraignment.
Meanwhile, the judge has fixed April 23 for the arraignment.