Court Rejects El-Rufai’s No-Case Submission in NSA Phone-Tapping Trial

The Federal High Court in Abuja has rejected a no-case submission filed by former Kaduna State Governor Nasir El-Rufai, ruling that he must answer allegations of unlawfully intercepting the telephone communications of National Security Adviser Nuhu Ribadu.

Justice Joyce Abdulmalik delivered the ruling on Monday, dismissing the application as lacking in merit and directing the former governor to enter his defence.

El-Rufai, who served as Kaduna State governor between 2015 and 2023, is being tried over statements he made during an interview on Arise Television on February 13. He also served as Minister of the Federal Capital Territory during the administration of former President Olusegun Obasanjo.

The Federal Government, acting through the Department of State Services, brought a five-count amended charge against him.

According to the prosecution, El-Rufai allegedly admitted during an appearance on Arise TV’s Prime Time programme in Abuja that he knew and was associated with a person who had illegally intercepted Ribadu’s phone communications.

He was also accused of failing to notify the relevant security agencies about the alleged offence. The prosecution further alleged that the conduct posed a threat to national security and public safety, contrary to Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.

The case arose from comments El-Rufai made while discussing what he described as an attempt by DSS operatives to “abduct” him at the Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, after he returned from Cairo.

He claimed the DSS was being influenced by the ICPC, which he alleged had received an instruction from Ribadu to detain him. El-Rufai said the information had come from an individual who listened to the NSA’s telephone conversations.

Following the testimony of two prosecution witnesses and the closure of the prosecution’s case, the former governor asked the court to discharge and acquit him.

His lawyer, Paul Erokoro, SAN, argued that the prosecution had not established a prima facie case requiring El-Rufai to defend himself. He also challenged the competence of the charge.

Opposing the application, prosecution counsel Oluwole Aladedoye, SAN, urged the court to dismiss it and order the defendant to enter his defence. He argued that the oral and documentary evidence presented was sufficient to link El-Rufai to the allegations.

Justice Abdulmalik ruled that the evidence presented by the prosecution was strong enough to require an explanation from the defendant.

The judge stressed, however, that the ruling did not establish El-Rufai’s guilt or innocence. The court dismissed the no-case submission and ordered him to proceed with his defence.

Earlier, after the allegation that he admitted using “technical equipment” to intercept the NSA’s calls emerged, El-Rufai filed a motion seeking to stop the trial.

In the application, he listed 17 grounds for asking the court to quash the charge, which is registered as FHC/ABJ/CR/99/2026.

He argued that the charge was incompetent and legally defective, maintaining that the DSS could not turn what he described as a “casual remark” made during a television interview into “a confession” that he had intercepted Ribadu’s telephone line.

The former governor also argued that his television comments did not qualify as a confessional statement under the law. He maintained that a valid confession must be made voluntarily, under caution and in circumstances consistent with the Judges’ Rules.

According to El-Rufai, his comments were made during a public discussion without any caution or warning and without the protections available to suspects in custody.

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

The court refused to quash the charge and instead ordered an accelerated hearing.

El-Rufai has been in detention since February and is facing trial in both Abuja and Kaduna State.

Meanwhile, Justice Abdulmalik had on July 23 dismissed his application seeking a review of his bail conditions, which he described as excessively stringent and difficult to fulfil.

His lawyer said the conditions El-Rufai wanted varied included producing Grade Level 17 civil servants who own properties in Maitama or Asokoro, alongside verification and attestation letters from the Kaduna State traditional council.

The prosecution opposed the request, arguing that suitable public officers who met the requirements were available and could be secured by the defendant.

The court upheld the opposition and rejected the application to vary the bail conditions.

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