El-Rufai Cybercrime Case: Former Governor Set for DSS Arraignment on Feb 25

 

​The Nigerian political landscape is currently buzzing with the news of former Kaduna State Governor, Nasir El-Rufai, who is scheduled to be arraigned by the Department of State Services (DSS) on February 25, 2026. This legal battle stems from a series of heavy allegations bordering on cybercrime and a significant breach of national security. As the date approaches, all eyes are on the Federal High Court in Abuja, where Justice Joyce Abdulmalik will preside over a case that could redefine the boundaries of digital privacy and state security in Nigeria.

​The Genesis of the Legal Storm

​The current legal predicament for El-Rufai began following a controversial interview he granted on Arise TV’s "Prime Time" programme on February 13, 2026. During the broadcast, the former governor allegedly admitted to being aware of—and even listening to—the intercepted phone conversations of the National Security Adviser (NSA), Mallam Nuhu Ribadu.

​El-Rufai claimed that "someone wiretapped" the NSA's phone, which supposedly allowed him to overhear Ribadu directing security operatives to detain him at the Nnamdi Azikiwe International Airport. While El-Rufai framed this as a defensive revelation, the DSS viewed it as a direct admission of involvement in illegal surveillance and a violation of federal laws.

​Breaking Down the DSS Charges

​The DSS has filed a three-count criminal charge against Nasir El-Rufai, marked FHC/ABJ/CR/99/2026. These charges are built on the foundations of two major Nigerian legislations: the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

​Count One: Unlawful Interception of Communications

​The first count focuses on the admission made during the Arise TV interview. The DSS alleges that El-Rufai and his "cohorts" unlawfully intercepted the private communications of the NSA. Under Section 12(1) of the Cybercrimes Act, 2024, the unauthorized interception of electronic communications is a serious offense punishable by significant jail time and fines.

​Count Two: Failure to Report Cybercriminals

​In the second count, the secret police accuse the former governor of knowing the individuals responsible for the wiretapping but failing to report them to relevant security agencies. This is considered a breach of Section 27(b) of the same Cybercrimes Act, which mandates citizens to report known cyber-related crimes to the authorities.

​Count Three: Compromising National Security

​The final count alleges that El-Rufai, along with others still at large, used technical equipment to compromise public safety and national security. The DSS argues that tapping the phone of the nation’s top security officer—the NSA—instills a "reasonable apprehension of insecurity" among the general public and undermines the integrity of Nigeria's security apparatus.

​Arrest, Detention, and the Arraignment Date

​The path to the February 25 arraignment has been tumultuous. El-Rufai was initially detained by the Economic and Financial Crimes Commission (EFCC) over separate allegations of financial misconduct amounting to N432 billion during his tenure as governor. However, immediately upon being granted bail by the EFCC on February 18, he was intercepted and arrested by DSS operatives who had laid an ambush at the EFCC headquarters.

​Chief Judge Justice John Tsoho has officially assigned the case to Justice Joyce Abdulmalik. The arraignment on Wednesday, February 25, will mark the formal commencement of a trial that many legal experts believe will be a landmark case regarding the Use of Evidence Act in relation to televised confessions.

​Legal and Political Implications

​The El-Rufai cybercrime case carries immense weight for several reasons:

1. ​Freedom of Speech vs. National Security: The defense is likely to argue that the former governor's statements were protected speech or perhaps taken out of context. However, the prosecution will lean heavily on the "confessional" nature of the live TV interview.
2. ​The Admissibility of Media Interviews: This trial will test whether a public admission on a news program is sufficient grounds for conviction under the amended Cybercrimes Act.
3. ​Political Fallout: As a prominent member of the African Democratic Congress (ADC) following his defection from the APC, El-Rufai's legal troubles are seen by some as politically motivated, while others view them as a necessary enforcement of the law regardless of status.

​What to Expect on February 25

​On the day of the arraignment, the charges will be formally read to Nasir El-Rufai, and he will be required to enter a plea. Given the nature of the charges, the issue of bail will be a central point of discussion. If found guilty, the former governor could face up to two years in prison or substantial fines, depending on the court's interpretation of the combined offenses.

​For residents of Abuja and the wider Nigerian public, this case serves as a stern reminder of the tightening regulations surrounding digital communications and the severe consequences of breaching national security protocols.