The Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai, ruling that he has a case to answer regarding allegations of unlawfully intercepting the telephone communications of National Security Adviser (NSA) Nuhu Ribadu. ​Presiding Judge Justice Joyce Abdulmalik ruled during Monday’s session on October 26, 2026, that the evidence presented by the prosecution was sufficient to warrant the former governor entering his defence if he chooses to do so. ​
The Department of State Services (DSS), representing the Federal Government, is prosecuting El-Rufai on a five-count amended charge. The charges stem from comments he made during an appearance on Arise Television’s Prime Time programme in Abuja in February 2026. During that interview, El-Rufai addressed an incident at the Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, where he claimed security operatives attempted to detain him upon his return from Cairo.
He stated on air that “someone wiretapped” the NSA’s telephone, enabling him to learn of alleged directives given to detain him. ​The prosecution contends that El-Rufai breached national security under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, by admitting knowledge of and association with an individual who illegally tapped the NSA’s phone.
He is further charged under Section 27(b) of the Cybercrimes Act for failing to report the crime to security authorities, as well as under Section 131(2) of the Nigerian Communications Act, 2003, for using technical equipment that compromised public safety and instilled apprehension. ​After the DSS closed its case upon calling two witnesses, defence counsel Akinyemi Aremu, moving an application alongside Paul Erokoro, submitted a no-case application urging the court to discharge and acquit the defendant, arguing that the prosecution failed to establish a prima facie case. ​
However, prosecution counsel Oluwole Aladedoye, SAN, opposed the application and presented Exhibit “B”, an audio-visual recording of the Arise TV broadcast, maintaining that the defendant’s own admissions and documentary evidence laid a clear basis for a defence. ​Justice Abdulmalik agreed with the prosecution’s argument, ruling that the evidence placed before the court established a case requiring an explanation from the defendant. The court subsequently rejected the no-case submission and adjourned the trial until November 25, 2026, for El-Rufai to open his defence.
