The Department of State Services (DSS) has arraigned former Governor of Kaduna State, Nasir El-Rufai for allegedly intercepting the telephone conversation of the National Security Adviser, Nuhu Ribadu.
El-Rufai who was arraigned on a five-count amended charge before Justice Joyce Abdulmalik of the Federal High Court in Abuja, pleaded not guilty to all the counts.
When the case was heard, Counsel to the DSS, Oluwole Aladedoye (SAN) told the court that the matter was fixed for the defendant to take his plea.
Aladedoye informed that an amended five-count charge was filed on April 13, praying the court to substitute it with the earlier three-count charge.
However, Counsel to El-Rufai, Oluwole Iyamu (SAN) said that he had been served with the amended charge and was not opposing it, making the judge to strike 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.
But Iyamu objected to an application for three consecutive days for the commencement of the trial.
He argued 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.
Iyamu stated that the three days might not be in their best interest, informing the court of their bail application filed on February 17.
Also, the further affidavit in support of the bail application was not in the court file, forcing the judge to step down the matter for Iyamu to complete the process.
Upon resumption of the case, the further affidavit was located, while the DSS argued that 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.
However, the DSS requested that the identities of the witnesses should not appear in public court records, adding that pseudonyms should be used during the trial.
The prosecution said that 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.
Also, the defence argued that it is the constitutional right of an accused person to know his accusers.
The defence submitted that there was no evidence before the court showing El-Rufai had any cult-like followership or posed a threat.
The counsel argued that 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.
But the Prosecution opposed that request through a counter-affidavit, arguing that the materials sought by the defence were documents unrelated to the prosecution’s filed processes.
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