The Federal High Court in Abuja on Monday dismissed a no-case submission by former Kaduna State governor Nasir El-Rufai and ordered him to open his defence in a trial over alleged unlawful interception of the National Security Adviser’s telephone communications.
Justice Joyce Abdulmalik held that the prosecution had presented sufficient evidence to require explanations from the defendant. The court found the no-case application lacking in merit and ruled that El-Rufai has a case to answer.
El-Rufai is facing a five-count amended charge filed by the Federal Government through the Department of State Services. The charges stem from comments he made as a guest on Arise Television’s Prime Time programme on February 13. Prosecutors allege that during the interview he admitted knowing and associating with a person who had illegally intercepted the phone communications of National Security Adviser Nuhu Ribadu. They further accuse him of failing to report the alleged offence to relevant security agencies, an act said to breach national security and public safety under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
The former governor, who held office in Kaduna from 2015 to 2023 and earlier served as Minister of the Federal Capital Territory, appeared on the programme shortly after what he described as an attempt by DSS operatives to abduct him at Nnamdi Azikiwe International Airport in Abuja on February 12 upon his return from Cairo. He claimed the agency was acting on instigation from the Independent Corrupt Practices and Other Related Offences Commission following a directive from Ribadu, and that the information had reached him through someone who listened in on the NSA’s telephone conversations.
After the prosecution closed its case with the evidence of two witnesses, El-Rufai’s lawyers, led by Paul Erokoro, SAN, applied for his discharge and acquittal. They argued that the prosecution had failed to establish a prima facie case and described the charge as incompetent. Prosecution counsel Oluwole Aladedoye, SAN, urged the court to dismiss the application, insisting that the oral and documentary evidence sufficiently linked the defendant to the allegations.
In her ruling, Justice Abdulmalik stated that the evidence before the court was strong enough to warrant the defendant entering a defence, while noting that the court had not yet determined his culpability.
El-Rufai had earlier sought to quash the charge, marked FHC/ABJ/CR/99/2026, arguing among other grounds that his television remarks were a casual statement made without caution and could not amount to a confessional statement in law. The court declined to quash the charge and ordered accelerated hearing.
The former governor has been in detention since February and is standing trial in both Abuja and Kaduna. On July 23, the same judge dismissed his application to vary bail conditions he described as stringent, including the requirement for level 17 civil servants with properties in Maitama or Asokoro and attestation from the Kaduna State traditional council.
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