The Federal High Court sitting in Abuja has fixed October 26, 2026, to deliver its ruling on a no-case submission filed by the former governor of Kaduna State, Mallam Nasir El-Rufai.
The defense motion seeks to quash a five-count amended charge brought against him by the Department of State Services (DSS) over the alleged unlawful interception of telephone communications belonging to the National Security Adviser (NSA), Nuhu Ribadu.
The presiding judge, Justice Joyce Abdulmalik, adjourned the case on Tuesday morning following final oral submissions from both defense and prosecution counsels. Lead defense counsel Paul Erokoro, SAN, informed the court that the defense filed its no-case submission on August 26, 2026, after the prosecution closed its case in June.
Erokoro argued that the DSS failed to establish a prima facie case or produce sufficient material evidence against El-Rufai to justify compelling him to open a defense. The charges stem from comments El-Rufai made during a live February 13, 2026, television interview on Arise TV.
During the broadcast, the former governor allegedly stated that his associates had listened to a telephone conversation involving Ribadu, which reportedly contained instructions to security agencies to arrest El-Rufai following his return from Cairo, Egypt, at the Nnamdi Azikiwe International Airport on February 12.
The secret police subsequently charged him with violations under the Cybercrimes Act and the Nigerian Communications Act, alleging a breach of national security. El-Rufai has maintained his innocence and pleaded not guilty to all counts. Countering the defense, the prosecution counsel urged the court to dismiss the application and order the former governor to enter his defense.
The prosecution asserted that the evidence presented, including electronic recordings of the television interview and testimonies from two key witnesses, sufficiently linked the defendant to the alleged offense.
Among the witnesses called was human rights lawyer Deji Adeyanju, who appeared under subpoena and testified that El-Rufai publicly admitted to wiretapping the NSA’s communications on national television.
A DSS operative also testified that Ribadu had confirmed the referenced conversation took place. Following the adoption of written addresses by both legal teams, Justice Abdulmalik reserved her ruling for October 26.
The decision will determine whether the trial ends at the close of the prosecution’s case or if El-Rufai, who currently remains out on a ₦100 million bail, will be ordered to step into the witness stand to present his defense.
