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, who was arraigned before Justice Joyce Abdulmalik of the Federal High Court in Abuja, pleaded not guilty to all the counts.
When the case was called, counsel to the DSS, Oluwole Aladedoye (SAN), informed the court that the matter was fixed for the defendant to take his plea.
Aladedoye, however, told the court that a further amended five-count charge was filed on April 13.
The lawyer prayed the court to substitute it with the earlier three-count charge.
Responding, counsel to El-Rufai, Oluwole Iyamu (SAN), said he had been served with the amended charge and that he was not opposing it.
The judge then struck out the earlier three-count charge.
After the counts were read to the former governor, he pleaded not guilty, and Aladedoye sought three consecutive trial dates.
Iyamu, however, objected to an application for three consecutive days for the commencement of the trial.
He submitted that since the defendant had been in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), having access to him within the three days of the trial might be difficult.
According to him, the three days might not be in their best interest. Iyamu also informed the court of their bail application filed on Feb. 17.
However, the further affidavit in support of the bail application was not in the court file, and the judge stood down the matter for Iyamu to do the needful.
Upon resumption after the case was stood down, the further affidavit was located.
The DSS stated it did not oppose the bail application.
The prosecution then moved an application seeking an order to conceal the identities of two witnesses expected to testify.
READ ALSO: Court Adjourns El-Rufai’s Bail Application To June
The DSS requested that:
- The identities of the witnesses should not appear in public court records.
- Pseudonyms should be used during the trial.
The prosecution argued the witnesses’ families could be vulnerable to attack from persons sympathetic to El-Rufai. The defence opposed the request through an application, a written address, and a further affidavit asking the court to dismiss it.
The defence argued it is the constitutional right of an accused person to know his accusers.
The defence further submitted that there was no evidence before the court showing El-Rufai had any cult-like followership or posed a threat.
The counsel said the defendant had dedicated his life to public service and warned that granting a blanket anonymity order could create serious prejudice against the accused.
The defence also applied for an order directing the prosecution to furnish the defence with proof of evidence to prepare for trial.
The Prosecution opposed that request through a counter-affidavit.
They argued the materials sought by the defence were documents unrelated to the prosecution’s filed processes.
The defence informed the court that it had also filed an application to quash the charge.
- Legal arguments were raised that an application to quash cannot be brought after a plea has been taken.
The prosecution filed a written address urging the court to dismiss the application as lacking merit. The defence responded on points of law.
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