Wiretapping Trial: Court Rejects El-Rufai’s No-Case Submission
A Federal High Court in Abuja has ordered former Kaduna State Governor, Nasir El-Rufai, to enter his defence in the alleged unlawful interception of the telephone communications of National Security Adviser (NSA), Nuhu Ribadu, after dismissing his no-case submission.
Justice Joyce Abdulmalik, in a ruling on Monday, held that the prosecution had presented sufficient evidence to warrant calling on the former governor to respond to the allegations against him.
The court subsequently rejected El-Rufai’s application seeking to be discharged without entering his defence and adjourned the case until November 25, 2026, for the defence to open its case.
The ruling followed the closure of the prosecution’s case after two witnesses testified in the trial instituted by the Department of State Services (DSS).
El-Rufai, through his legal team, had urged the court to discharge and acquit him, arguing that the prosecution failed to establish a prima facie case requiring him to defend himself.
However, the prosecution opposed the application, maintaining that the oral and documentary evidence presented before the court was sufficient to require the former governor to answer the charges.
How The Wiretapping Allegation Started
The case arose from comments El-Rufai made during an appearance on Arise Television’s Prime Time programme on February 13, 2026.
During the interview, the former governor alleged that Ribadu’s telephone conversation had been intercepted, claiming that information obtained from the conversation indicated that security operatives had been instructed to arrest him.
El-Rufai reportedly said he obtained the information through an individual who had listened to the NSA’s telephone conversation.
The comments subsequently attracted the attention of security authorities and formed the basis of the prosecution’s case against him.
The DSS alleged that El-Rufai admitted knowing and associating with an individual involved in the unlawful interception of Ribadu’s telephone communications.
The former governor was also accused of failing to report the alleged offence to the appropriate security agencies.
The government contends that the alleged conduct violated relevant provisions of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, and other applicable laws.
El-Rufai has challenged the legal basis of the prosecution, arguing that his statements during the television interview did not constitute a valid confession under the law.
Prosecution, Defence Present Arguments
Following the prosecution’s presentation of its witnesses and evidence, the defence filed a no-case submission, asking the court to terminate the proceedings on the grounds that the evidence was insufficient to sustain the charges.
A no-case submission is an application asking a court to discharge a defendant without requiring a defence, on the basis that the prosecution has not presented sufficient evidence to justify proceeding further.
El-Rufai’s legal team maintained that the prosecution had failed to establish the necessary elements of the alleged offences.
The prosecution, however, urged the court to reject the application, arguing that the evidence before it established a prima facie case against the former governor.
In dismissing the submission, Justice Abdulmalik held that the evidence warranted requiring El-Rufai to enter his defence.
The ruling means the trial will proceed to the defence stage. It does not amount to a conviction or a final determination of the allegations against him.
What Happens Next?
With the no-case submission dismissed, El-Rufai is expected to present his defence when the case resumes on November 25, 2026.
At that stage, the defence will have the opportunity to respond to the prosecution’s evidence and challenge the allegations.
The court will ultimately determine the case based on the evidence and arguments presented by both sides.
