The Federal High Court in Abuja has fixed October 26, 2026, to deliver its ruling on the no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, in the alleged wiretapping case instituted against him by the Department of State Services.
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Justice Joyce Abdulmalik reserved the ruling on Monday after listening to arguments from El-Rufai’s legal team and the DSS over whether the former governor should be called upon to defend himself against the charges.
El-Rufai, who served as Kaduna governor between 2015 and 2023, is facing an amended five-count charge bordering on the alleged interception of telephone communications involving the National Security Adviser, Nuhu Ribadu, and an alleged breach of national security. He pleaded not guilty to the charges.
While urging the court to uphold the no-case submission, counsel for the former governor, Paul Erokoro, SAN, argued that the prosecution had not produced sufficient evidence to establish a prima facie case against his client.
However, DSS counsel, Oluwole Aladedoye, SAN, asked the court to reject the application and compel El-Rufai to open his defence. He argued that the defence had failed to satisfactorily deal with Exhibit B, which the prosecution described as containing an alleged admission by the former governor concerning the interception of Ribadu’s communications.
The DSS had earlier called two witnesses, including a DSS operative and human rights lawyer, Deji Adeyanju, who gave evidence concerning statements allegedly made by El-Rufai during a television interview about listening to telephone conversations involving the NSA.
The court also watched the television interview during the proceedings, in which El-Rufai was alleged to have said, “We listened to the conversations of the NSA.” Adeyanju, however, told the court that he did not hear the former governor specifically say that he hacked Ribadu’s phone.
The DSS closed its case in June after presenting its witnesses and electronic evidence, including the recording of the television interview. A prosecution witness also testified that Ribadu confirmed that the conversation referred to by El-Rufai had taken place.
El-Rufai remains on bail in the sum of N100m after the court previously declined his application to vary the bail conditions. The court will determine on October 26 whether the prosecution has established a case requiring him to enter a defence.
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