Court rejects El-Rufai’s no-case submission in alleged phone-tapping trial

Judge orders ex-Kaduna governor to open defence, adjourns case till November 25

The Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor Nasir el-Rufai in his ongoing trial over the alleged unlawful interception of telephone communications involving the National Security Adviser (NSA), Nuhu Ribadu.

Justice Joyce Abdulmalik, in a ruling on Monday, held that the Department of State Services (DSS), which is prosecuting the case, had presented sufficient evidence to require the former governor to enter his defence, if he so wishes.

The judge consequently ordered El-Rufai, the sole defendant in the case, to respond to the allegations contained in the five-count amended charge brought against him by the Federal Government.

The court adjourned the matter until November 25, 2026, for the commencement of the defence stage.

The News Agency of Nigeria (NAN) reports that El-Rufai filed the no-case submission after the prosecution closed its case, having called two witnesses.

Through his counsel, the former governor had urged the court to discharge and acquit him, arguing that the prosecution failed to establish a prima facie case requiring him to enter a defence.

However, DSS counsel, Oluwole Aladedoye, SAN, opposed the application, maintaining that the evidence presented before the court was sufficient to warrant a response from the defendant.

Aladedoye specifically drew the court’s attention to Exhibit B, which the prosecution said contained an alleged admission by El-Rufai concerning the interception of Ribadu’s telephone communications.

The prosecution argued that the defence had failed to adequately address the exhibit and urged the court to dismiss the no-case submission.

Justice Abdulmalik subsequently ruled that the prosecution had established a case requiring the former governor to answer the allegations.

The case arose from comments made by El-Rufai during an appearance on Arise Television’s Prime Time programme on February 13, 2026.

During the interview, the former governor reportedly said that an associate had intercepted telephone communications involving Ribadu, enabling him to hear a conversation in which the NSA allegedly directed security operatives to arrest him.

The DSS subsequently instituted criminal proceedings against El-Rufai at the Federal High Court in Abuja, alleging offences relating to the unlawful interception of communications and the handling of information concerning the alleged interception.

The original charge contained three counts and cited provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

The charge was subsequently amended to five counts as the proceedings progressed.

Among the allegations are that El-Rufai admitted to participating in the unlawful interception of the NSA’s telephone communications, that he knew and associated with individuals allegedly involved in the interception without reporting them to the appropriate authorities, and that the alleged activities compromised public safety and national security.

These remain allegations to be determined by the court. El-Rufai pleaded not guilty to the amended charges at his arraignment in April 2026.

Prosecution closes case after two witnesses

During the prosecution’s presentation, two witnesses were called to support the allegations against the former governor.

One of the witnesses, a DSS operative identified in court by the code name APC, testified concerning the agency’s monitoring and preservation of the recording of El-Rufai’s television interview.

The prosecution also called lawyer and human rights activist Deji Adeyanju, who said he was present at the Arise Television studio during the interview.
The court watched a recording of the programme as part of the proceedings.

Adeyanju testified that he heard El-Rufai say, “we listened to their calls”, while acknowledging under cross-examination that the former governor did not expressly state that he had personally tapped Ribadu’s telephone.

After presenting its witnesses and evidence, the prosecution announced that it would not call further witnesses and closed its case.

El-Rufai thereafter filed the no-case submission, asking the court to terminate the proceedings without requiring him to present a defence.

What the court’s ruling means

Bar & Bench Watch reports that a no-case submission is an application made by a defendant at the close of the prosecution’s case, arguing that the evidence presented is insufficient to justify calling for a defence.

In rejecting El-Rufai’s application, the court determined that the prosecution had presented sufficient evidence to require him to answer the allegations.

The ruling does not amount to a finding of guilt or establish that the alleged offences have been proved. Rather, it allows the trial to proceed to the next stage, during which the former governor may challenge the prosecution’s evidence and present his own account of the events.

The prosecution retains the burden of proving the charges to the standard required in a criminal trial before a conviction can be entered.

With the matter adjourned until November 25, attention will now turn to whether El-Rufai will open his defence and the evidence he may present in response to the allegations.