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Court Dismisses El-Rufai’s Bid to Escape Phone-Tapping Trial
The Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai over allegations that he unlawfully intercepted the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu.
In a ruling delivered on Monday, Justice Joyce Abdulmalik held that the prosecution had presented sufficient evidence to require El-Rufai to enter his defence in the case.
The judge dismissed the application as lacking in merit, ruling that the evidence before the court warranted an explanation from the former governor. However, the decision does not amount to a determination of his guilt.
El-Rufai is standing trial on a five-count amended charge filed by the Federal Government through the Department of State Services (DSS).
The charges stem from comments he made during an appearance on Arise Television’s Prime Timeprogramme on February 13, 2026.
The prosecution alleged that El-Rufai admitted knowing and associating with an individual who unlawfully intercepted Ribadu’s telephone communications.
He was also accused of failing to report the alleged offence to the appropriate security agencies, with the prosecution arguing that his actions threatened national security and public safety.
During the television interview, the former governor had alleged that DSS operatives attempted to abduct him at the Nnamdi Azikiwe International Airport, Abuja, on February 12, upon his return from Cairo.
He further claimed that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) was acting on Ribadu’s directive to detain him.
El-Rufai said he received the information from someone who had listened to the NSA’s telephone conversations.
Following the prosecution’s presentation of two witnesses and the closure of its case, El-Rufai, through his counsel, Paul Erokoro, SAN, urged the court to discharge and acquit him.
His legal team argued that the prosecution had failed to establish a prima facie case requiring him to enter a defence, describing the charge as incompetent.
However, prosecution counsel, Oluwole Aladedoye, SAN, urged the court to reject the application, maintaining that the oral and documentary evidence presented was sufficient to link the defendant to the allegations.
In her ruling, Justice Abdulmalik held that the prosecution’s evidence required a response from El-Rufai and consequently ordered him to open his defence.
The former governor had earlier challenged the legality of the charge, arguing that the DSS could not treat remarks he made during a television interview as a confession to telephone interception.
He maintained that his comments were made during a public discussion without caution or warning and did not qualify as a confessional statement under the law.
He also filed an application seeking to quash the charge, marked FHC/ABJ/CR/99/2026, citing 17 grounds, but the court declined to terminate the trial and ordered an accelerated hearing.
El-Rufai, who served as Kaduna governor from 2015 to 2023, has been in detention since February and is facing legal proceedings in Abuja and Kaduna.
In a related development, Justice Abdulmalik on July 23 dismissed his application to vary his bail conditions, which his lawyers described as stringent and difficult to meet.
The conditions reportedly included providing Grade Level 17 civil servants who own properties in Maitama or Asokoro, Abuja, as sureties, alongside verification and attestation letters from the Kaduna State Traditional Council.
The prosecution opposed the application, arguing that qualified public officers capable of meeting the requirements were available. The court subsequently rejected the request.
