Federal High Court hears fresh charges as legal battle over bail and witness protection unfolds.
By Amarachi Nwajiogu | Abuja, Nigeria
The Department of State Services (DSS) has arraigned former Kaduna State Governor, Nasir El-Rufai, on an amended five-count charge bordering on alleged breach of national security. The ex-governor pleaded not guilty to all counts before the Federal High Court in Abuja.
El-Rufai was arraigned before Justice Joyce Abdulmalik, following the filing of a revised charge by the DSS.
Counsel to the DSS, Oluwole Aladedoye, informed the court that the amended five-count charge, filed on April 13, should replace the earlier three-count charge.
The defence, led by Oluwole Iyamu, did not oppose the substitution. The court subsequently struck out the initial charge and adopted the amended one.
After the charges were read, El-Rufai entered a not guilty plea, prompting the prosecution to request three consecutive trial dates for accelerated proceedings.
The defence objected, citing logistical challenges in accessing the defendant, who remains in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The defence also referenced a pending bail application filed earlier, noting that additional supporting documents had initially not been located in the court file but were later presented.
The DSS confirmed it was not opposing the bail application.
In a separate application, the prosecution sought court approval to conceal the identities of two key witnesses expected to testify.
The DSS requested that the witnesses’ names be excluded from public records and replaced with pseudonyms during proceedings, citing security concerns for the individuals and their families.
However, the defence opposed the application, arguing that anonymity would undermine the defendant’s constitutional right to fair hearing and full disclosure of accusers.
The defence further maintained that there was no evidence suggesting the defendant posed any threat to witnesses or had influence capable of endangering them.
Additionally, the defence requested that the prosecution provide full proof of evidence to enable adequate trial preparation. This application was opposed by the prosecution, which argued that the requested materials fell outside the scope of filed processes.
The defence also filed a motion to quash the charge, though legal arguments emerged over whether such an application is admissible after a plea has already been entered.
Legal Disputes Emerge Over Trial Procedure
The proceedings highlighted multiple procedural disagreements, including the request for accelerated trial dates and the admissibility of a motion to quash after arraignment.
Both parties presented arguments on points of law, with the court expected to rule on the applications in due course.
Witness Protection Request Sparks Fair Hearing Debate
The DSS’s request to shield witness identities has raised concerns about balancing national security considerations with the defendant’s right to confront accusers.
The defence warned that granting anonymity could prejudice the fairness of the trial.
The case underscores the complexity of prosecuting high-profile national security cases in Nigeria. It raises critical legal questions around due process, transparency, and the balance between state security interests and individual rights within the justice system.
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