The Department of State Services (DSS) has arraigned former Governor of Kaduna State, Nasir El-Rufai, on a five-count amended charge bordering on an alleged breach of national security.
El-Rufai was arraigned before Justice Joyce Abdulmalik of the Federal High Court in Abuja, where he pleaded not guilty to all counts.
When the case was called, counsel to the DSS, Oluwole Aladedoye, informed the court that the matter was fixed for the defendant to take his plea.
Aladedoye further told the court that a five-count amended charge had been filed on April 13, and prayed the court to substitute it for the earlier three-count charge.
Counsel to El-Rufai, Oluwole Iyamu, confirmed that he had been served with the amended charge and did not oppose the application.
The trial judge subsequently struck out the earlier three-count charge.
After the amended counts were read, the former governor pleaded not guilty, and the prosecution requested three consecutive trial dates.
However, the defence objected to the request for consecutive trial days, arguing that the proposed schedule would not be in its best interest, particularly as the defendant had been in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which could limit access to him.
Iyamu also informed the court of a bail application filed on February 17, noting that a further affidavit in support of the application was initially missing from the court file.
The court stood down the matter to allow the issue to be addressed, and upon resumption, the affidavit was located.
The DSS stated that it did not oppose the bail application.
The prosecution subsequently filed an application seeking an order to conceal the identities of two witnesses expected to testify in the case.
It requested that the witnesses’ identities should not appear in public court records and that pseudonyms be used during the trial.
The DSS argued that the witnesses’ families could be vulnerable to attacks from persons sympathetic to the defendant.
The defence opposed the request, urging the court to dismiss it.
It argued that it is the constitutional right of an accused person to know his accusers and that there was no evidence to suggest that El-Rufai posed any threat or had a cult-like following.
The defence further warned that granting blanket anonymity could prejudice the case against the defendant.
In addition, the defence applied for an order directing the prosecution to furnish it with proof of evidence to enable adequate preparation for trial.
The prosecution opposed the request, arguing that the materials sought were unrelated to its filed processes.
The defence also informed the court that it had filed an application to quash the charge, although legal arguments were raised that such an application cannot be brought after a plea has been taken.
The prosecution, in a written address, urged the court to dismiss the application for lacking merit.
The case was adjourned until May 18 for continuation of hearing.
Godfrey Eshiomoghie
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