By Vivian Okejeme
The former Governor of Kaduna State, Nasir El-Rufai, has been arraigned on a five-count amended charge bordering on alleged breach of national security by the Department of State Services (DSS).
El-Rufai was earlier billed to be arraigned before Justice Joyce Abdulmalik of the Federal Highway Court in Abuja, on a three-count charge.
However, when the matter was called, the prosecution counsel, Oluwole Aladedoye, SAN, told the court that a further amended five-count charge was filed on April 13.
He, therefore, 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.
Justice Abdulmalik then struck out the earlier three-count charge.
He pleaded not guilty to all the charges.
Following the not guilty plea, the prosecution sought for a three consecutive trial dates.
However, the defence counsel objected to the application for a three consecutive days for commencement of the trial.
He submitted that since the defendant had been in the custody of 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.
He further informed the court of their bail application filed on Feb. 17, which the DSS didn’t opposed.
Also, the prosecution moved an application seeking an order to conceal the identities of two witnesses expected to testify.
It prayed the court grant an order that the identities of the witnesses should not appear in public court records as well as pseudonyms to be used during trial.
The Prosecution argued the witnesses’ families could be vulnerable to attack from persons sympathetic to El-Rufai.
Reacting, the Defence opposed the request through an application, written address, and further affidavit asking the court to dismiss it.
The Defence argued it is the constitutional right of an accused person to know his accusers.
He maintained that there was no evidence before the court showing El-Rufai had any cult-like followership or posed a threat.
He submitted 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.
Therefore, he 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 that the materials sought by the defence were documents unrelated to the prosecution’s filed processes.
The Defence informed the court it had also filed an application to quash the charge.
DSS insisted that an application to quash cannot be brought after plea has been taken.
Consequently, the prosecution filed a written address urging the court to dismiss the application as lacking merit.
