The Federal High Court in Abuja has fixed October 26 to rule on a no-case submission filed by detained former Kaduna State governor, Nasir El-Rufai, in a case involving allegations that he unlawfully intercepted the telephone communications of National Security Adviser (NSA), Nuhu Ribadu.
El-Rufai, through his legal team led by Paul Erokoro, SAN, is asking the court to discharge and acquit him of the five-count amended charge filed against him by the Federal Government through the Department of State Services (DSS).
The former governor argued that the prosecution had failed to establish a prima facie case requiring him to defend himself, describing the charge as incompetent. He therefore urged the court to uphold his no-case submission and bring the proceedings to an end.
However, prosecution counsel, Oluwole Aladedoye, SAN, urged Justice Joyce Abdulmalik to dismiss the application and direct El-Rufai to begin his defence. Aladedoye argued that the oral and documentary evidence presented before the court sufficiently linked the defendant to the allegations.
After hearing arguments from both parties, Justice Abdulmalik adjourned the matter until October 26 for ruling.
The development comes after the Federal Government closed its case following the testimony of two witnesses.
Earlier, on July 23, the court rejected El-Rufai’s application seeking a relaxation of his bail conditions, which his lawyers had described as stringent and difficult to fulfil.
Among the conditions he sought to have varied was the requirement to produce 17 Level 17 civil servants who own properties in Maitama or Asokoro, alongside verification and attestation letters from the Kaduna State traditional council.
The prosecution opposed the request, arguing that eligible public officers capable of meeting the conditions were available and could be secured by the defendant.
In her ruling, Justice Abdulmalik agreed with the prosecution, holding that there was no sufficient basis to alter the original bail conditions, which she said were designed to ensure El-Rufai’s attendance at trial.
El-Rufai, who served as Kaduna State governor from 2015 to 2023 and previously served as Minister of the Federal Capital Territory under former President Olusegun Obasanjo, is being prosecuted over comments he made during an appearance on Arise Television’s Prime Time programme on February 13.
The prosecution alleges that El-Rufai admitted during the interview that he knew and was associated with an individual who had illegally intercepted Ribadu’s telephone communications.
He is also accused of failing to report the alleged offence to the relevant security agencies. The government said the alleged conduct violated provisions of Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
During the television interview, El-Rufai had spoken about an alleged attempt by DSS operatives to “abduct” him at Nnamdi Azikiwe International Airport, Abuja, on February 12, 2026, following his return from Cairo.
He alleged that the DSS action was instigated by the ICPC following a directive from Ribadu, and said he obtained the information from an individual who had listened to the NSA’s telephone conversations.
Following allegations that he had admitted using “technical equipment” to intercept Ribadu’s calls, El-Rufai filed an application seeking to terminate the case.
He advanced 17 grounds in support of his request, arguing that the charge, marked FHC/ABJ/CR/99/2026, was legally defective.
The former governor maintained that the DSS had no legal basis to interpret a “casual remark” made during a television interview as “a confession” that he had tapped the NSA’s telephone line.
He further argued that his television comments could not constitute a confessional statement in law because they were not made under caution and were given voluntarily during a public discussion rather than in circumstances involving a suspect in custody.
“A casual remark on a television programme cannot be elevated to a judicial confession,” he argued.
The court, however, declined to quash the charge and ordered an accelerated hearing of the case.
