Court grants El-Rufai N100m bail, orders monthly DSS reporting

The Federal High Court in Abuja on Monday granted bail to former Kaduna State Governor, Mallam Nasir El-Rufai, in the sum of N100 million over allegations bordering on breach of national security.

Justice Joyce Abdulmalik, who delivered the ruling, imposed strict conditions for the former governor’s release, including monthly reporting to the headquarters of the Department of State Services, DSS, pending the determination of the case.

The judge ruled that El-Rufai’s surety must reside in either Maitama or Asokoro districts of Abuja and must deposit the original Certificate of Occupancy of a landed property with the court registry.

Justice Abdulmalik further held that the surety must be a federal civil servant not below Grade Level 17 and must provide evidence of salary payments for at least three months authenticated by a bank manager within the court’s jurisdiction.

The court also directed the surety to depose to an affidavit of means, enter into a bail bond and submit a recent passport photograph to the court registry.

As part of the bail conditions, El-Rufai was ordered to surrender all valid international passports to the court.

The judge additionally ordered the submission of a verification letter from the surety’s department alongside a tax clearance certificate covering the last six months.

Justice Abdulmalik further directed the former governor to report to the DSS headquarters on the last Friday of every month by 10 a.m. to sign an attendance register until the matter is concluded.

The court warned that any violation of the conditions would lead to an automatic revocation of the bail.

The ruling followed El-Rufai’s arraignment by the DSS on an amended five-count charge bordering on alleged breach of national security.

The former governor, who was first arraigned on April 23, had pleaded not guilty to all the charges preferred against him.

At Monday’s proceedings, counsel to the DSS, Oluwole Aladedoye (SAN), informed the court that the prosecution had filed a further amended five-count charge dated April 13, seeking to replace the earlier three-count charge.

One of the amended counts alleged that El-Rufai intentionally and without authorisation intercepted communications belonging to the National Security Adviser, Nuhu Ribadu, an allegation said to have stemmed from statements he allegedly made during an appearance on Arise Television’s “Prime Time” programme on February 13, 2026.

The offence was said to be contrary to Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

Counsel to the defendant, Oluwole Iyamu (SAN), confirmed receipt of the amended charge and did not oppose the prosecution’s application for substitution.

The court subsequently struck out the earlier three-count charge and read the amended charges to El-Rufai, who again pleaded not guilty.

The defence had earlier drawn the court’s attention to a pending bail application filed on February 17, while the DSS informed the court that it was not opposing the request for bail.

El-Rufai’s legal team also filed an application seeking to quash the amended charge, an application the prosecution urged the court to dismiss for lacking merit.

After listening to arguments from both parties, Justice Abdulmalik adjourned the matter for further hearing.