A Federal High Court in Abuja on Monday dismissed a no-case submission filed by former Kaduna State governor, Nasir El-Rufai, over the alleged unlawful interception of telephone conversations involving the National Security Adviser, Nuhu Ribadu.
Trial judge, Justice Joyce Abdulmalik, in a ruling,
held that the prosecution had presented sufficient evidence to require El-Rufai to enter his defence in the five-count amended charge filed against him by the Department of State Services.
The judge consequently ordered the former governor to open his defence and adjourned the case until November 25, 2026, for him to do so.
El-Rufai had filed the no-case submission after the Federal Government closed its case following the testimony of two prosecution witnesses.
The former governor, through his counsel, Paul Erokoro, urged the court to discharge and acquit him, arguing that the prosecution had failed to establish a prima facie case against him.
Erokoro maintained that the evidence presented by the prosecution was insufficient to warrant compelling his client to enter a defence to the allegations.
But opposing the application, prosecution counsel, Oluwole Aladedoye, urged the court to dismiss the no-case submission and direct El-Rufai to defend himself against the charges.
Aladedoye argued that the oral and documentary evidence presented before the court was sufficient to establish a case requiring the defendant to respond to the allegations.
Justice Abdulmalik, in her ruling, agreed with the prosecution that the case should proceed to the defence stage, thereby rejecting El-Rufai’s request for discharge and acquittal at that stage of the proceedings.
The charges stem from allegations that El-Rufai unlawfully intercepted telephone conversations linked to Ribadu.
The controversy followed an interview the former governor granted on Prime Time, an Arise Television programme, in February 2026, during which he claimed that Ribadu’s telephone conversation had been intercepted.
During the interview, El-Rufai said, “someone wiretapped” the NSA’s phone, enabling him to listen to a conversation in which Ribadu allegedly instructed security operatives to arrest him.
The allegation subsequently formed the basis of the DSS prosecution against the former governor.
With the court’s dismissal of the no-case submission, El-Rufai is expected to present his defence when the case resumes on November 25.
