The Department of State Services (DSS) on Tuesday told the Federal High Court in Abuja why the immediate past governor of Kaduna State, Nasir El-Rufai, was transferred from the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to its detention facility in Abuja.
El-Rufai, who is standing trial over the alleged unlawful interception of the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu, was moved into DSS custody on Monday after appearing in court for the continuation of proceedings in the case.
The transfer sparked controversy, with members of the former governor’s family protesting the action and alleging that it violated an existing court order permitting him to remain in ICPC custody.
At the resumed hearing on Tuesday, counsel to the DSS, Mr. Oluwole Aladedoye, SAN, defended the agency’s decision, attributing the relocation to what he described as the “unruly conduct” of some members of El-Rufai’s family.
According to the prosecution, one of the defendant’s wives visited the ICPC detention facility on May 15 alongside cameramen and livestreamed allegations that her husband was being denied food, access to his physician, and visits from family members.
The DSS further accused the family of attempting to incite public sentiment against the judiciary through media campaigns, including criticism of the bail conditions imposed by the court.
The prosecution also referenced comments allegedly made by politician Timi Frank, who claimed that El-Rufai’s safety could be at risk while in custody.
The former Kaduna governor is currently facing multiple legal battles in Abuja and Kaduna State and has pleaded not guilty to all charges against him.
The charges stem from remarks El-Rufai made following what he described as an attempted “abduction” by DSS operatives at the Nnamdi Azikiwe International Airport on February 12, 2026, shortly after returning from Cairo.
At the time, El-Rufai alleged that the DSS acted on the instruction of the ICPC, which he claimed was directed by Ribadu to detain him. He further stated that the information came from a source who had allegedly listened to conversations involving the NSA.
In a motion challenging the charge marked FHC/ABJ/CR/99/2026, El-Rufai listed 17 grounds upon which he urged the court to dismiss the case.
Among other arguments, he maintained that the DSS had no legal basis to interpret comments he made during a television interview as a confession to phone tapping.
According to him, statements made during his appearance on Arise News were casual remarks in a public discussion and did not satisfy the legal conditions required for a confessional statement.
“For a statement to qualify as a confession in law, it must be made voluntarily, under caution, and in line with the Judges’ Rules,” he argued, insisting that “a casual remark in a television programme cannot be elevated to a judicial confession.”
However, the court declined to strike out the charges and instead ordered the prosecution to proceed with opening its case against the former governor.
Comments