Court Orders El-Rufai to Open Defence in NSA Phone Interception Trial

The Federal High Court in Abuja on Monday dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai, ruling that he has a case to answer over allegations that he was linked to the unlawful interception of the telephone communications of the National Security Adviser, Nuhu Ribadu.

 

Justice Joyce Abdulmalik, in her ruling, held that the evidence presented by the prosecution was sufficient to require the former governor to open his defence.

 

El-Rufai had asked the court to discharge and acquit him, arguing that the prosecution failed to establish a prima facie case against him. However, the judge dismissed the application as lacking in merit.

 

The former governor, who served between 2015 and 2023, is facing a five-count amended charge filed by the Federal Government through the Department of State Services (DSS).

 

The charges stem from comments he made during an appearance on Arise Television’s Prime Time programme on February 13, during which he allegedly admitted knowing and associating with an individual who unlawfully intercepted Ribadu’s telephone communications.

 

The prosecution also accused him of failing to report the alleged offence to the appropriate security agencies, an offence linked to 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 the Nnamdi Azikiwe International Airport, Abuja, on February 12, 2026, after his return from Cairo.

 

He alleged that the security agency was acting on the instructions of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which he claimed had received a directive from Ribadu to detain him.

 

According to the former governor, the information came from someone who had listened to the NSA’s telephone conversations.

 

After the prosecution closed its case with the testimony of two witnesses, El-Rufai, through his counsel, Paul Erokoro, SAN, filed a no-case submission, insisting that the evidence presented did not establish sufficient grounds for him to enter a defence.

 

Erokoro also described the charge as incompetent, while the prosecution counsel, Oluwole Aladedoye, SAN, urged the court to dismiss the application.

 

Aladedoye argued that the oral and documentary evidence before the court sufficiently connected El-Rufai to the allegations.

 

In her ruling, Justice Abdulmalik said the prosecution’s evidence was strong enough to warrant an explanation from the defendant. She, however, stressed that the court had not determined his guilt or otherwise.

 

The court consequently dismissed the no-case submission and directed El-Rufai to open his defence.

 

The former governor had earlier challenged the legality of the trial, filing an application that outlined 17 grounds for quashing the charge, marked FHC/ABJ/CR/99/2026.

 

He argued that the charge was legally defective and that the DSS could not turn what he described as a casual remark during a television interview into a confession of criminal conduct.

 

El-Rufai maintained that his comments did not amount to a confessional statement under the law, arguing that a valid confession must be made voluntarily, under caution and in circumstances that satisfy the Judges’ Rules.

 

“A casual remark on a television programme cannot be elevated to a judicial confession,” he argued.

 

The court declined to quash the charge and ordered an accelerated hearing of the case.

 

El-Rufai, who has been in detention since February, is also facing proceedings before courts in Kaduna State.

 

In a separate ruling on July 23, Justice Abdulmalik dismissed his application to vary his bail conditions, which he described as stringent and difficult to meet.

 

His lawyer had challenged requirements that he produce Grade Level 17 civil servants who own properties in Maitama or Asokoro, Abuja, as well as 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 El-Rufai’s request.