Court Orders El-Rufai to Open Defence in Alleged NSA Phone-Tapping Trial
The Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai over the alleged unlawful interception of telephone communications belonging to National Security Adviser (NSA), Nuhu Ribadu, and ordered him to open his defence.
Justice Joyce Abdulmalik, who delivered the ruling on Monday, held that the prosecution had presented sufficient evidence to require the former governor to respond to the allegations against him.
The judge, however, did not determine El-Rufai’s guilt or otherwise, noting that the substantive case remained to be decided.
El-Rufai is standing trial on a five-count amended charge filed against him by the Federal Government through the Department of State Services (DSS).
The charges arose from comments he allegedly made during an appearance on Arise Television’s Prime Time programme on February 13, 2026.
The prosecution alleged that El-Rufai admitted during the interview that he knew and was associated with an individual who unlawfully intercepted Ribadu’s telephone communications.
He was also accused of failing to report the alleged offence to the relevant security agencies.
The government contends that the alleged conduct breached provisions of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, including Section 12(1), which the prosecution cited in connection with the national security and public safety allegations.
Prosecution, Defence Present Arguments
The ruling followed the closure of the prosecution’s case, during which two witnesses testified before the court.
El-Rufai, through his counsel, Paul Erokoro, SAN, subsequently filed a no-case submission, arguing that the prosecution had failed to establish a prima facie case requiring him to enter a defence.
The defence also challenged the competence of the charge, maintaining that the evidence presented by the prosecution was insufficient to sustain the allegations.
However, prosecuting counsel, Oluwole Aladedoye, SAN, urged the court to dismiss the application, arguing that the oral and documentary evidence before it sufficiently linked the former governor to the allegations.
In her ruling, Justice Abdulmalik held that the evidence presented by the prosecution warranted an explanation from the defendant.
The court consequently dismissed the no-case submission and directed El-Rufai to open his defence.
El-Rufai Had Challenged Legality of Trial
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The former governor had previously sought to have the charge quashed, advancing 17 grounds in support of his application in the case marked FHC/ABJ/CR/99/2026.
He argued that the charge was legally defective and that the DSS lacked a sufficient legal basis to interpret his comments during a television interview as an admission that he had participated in the unlawful interception of the NSA’s telephone communications.
El-Rufai maintained that his remarks did not constitute a confessional statement under the law, arguing that a valid confession must satisfy applicable legal requirements concerning voluntariness and admissibility.
He further contended that his comments were made during a public discussion without a caution or warning and should not be treated as a judicial confession.
The court, however, declined to quash the charge and ordered an accelerated hearing of the case.
Allegations Linked to Airport Incident
The charges followed El-Rufai’s account of an incident at the Nnamdi Azikiwe International Airport, Abuja, on February 12, 2026, when he returned from Cairo.
During the television interview, he alleged that DSS operatives had attempted to abduct him at the airport.
He further claimed that the security agency was acting at the instigation of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which he alleged had received a directive from Ribadu to detain him.
According to the prosecution’s account, the information behind the former governor’s claims came from an individual who had listened to the NSA’s telephone conversations.
The allegations remain subject to determination by the court.
El-Rufai Remains in Detention
El-Rufai, who governed Kaduna State from 2015 to 2023, has been in detention since February and is facing legal proceedings in both Abuja and Kaduna State.
In a related development, Justice Abdulmalik had, on July 23, dismissed his application seeking a variation of his bail conditions.
The former governor had argued that the conditions were excessively stringent and difficult to fulfil.
According to his counsel, the conditions included providing Level 17 civil servants who owned properties in Maitama or Asokoro districts of Abuja, alongside verification and attestation letters from the Kaduna State Traditional Council.
The prosecution opposed the application, arguing that qualified public officers capable of meeting the requirements were available.
The court subsequently rejected the request to vary the conditions.
With the dismissal of his no-case submission, El-Rufai is now required to present his defence as the trial proceeds.
By PRNigeria
