The Federal High Court in Abuja has reserved ruling on a no-case submission filed by former Kaduna State Governor Nasir El-Rufai in a wiretapping case brought against him by the Department of State Services, DSS.
The application seeks to terminate the case without requiring El-Rufai to open his defence, with his legal team arguing that the prosecution has failed to present sufficient prima facie evidence to warrant further proceedings. The DSS, however, maintains that evidence presented in court establishes a case against the former governor.
At the resumed hearing on Tuesday, counsel to El-Rufai, Paul Erokoro, SAN, informed the court that the defence had filed its no-case submission on August 26, 2026.
A.K. Ekere, who held brief for Erokoro, urged the court to discharge the former governor and impose penalties against the DSS. He argued that the prosecution had not placed sufficient prima facie evidence before the court to require El-Rufai to enter a defence.
The defence’s application followed the closure of the DSS’s case in June, after the prosecution presented its witnesses and indicated that it would not call further witnesses. The development paved the way for El-Rufai to challenge the evidence through a no-case submission.
Responding to the defence’s arguments, prosecuting counsel Oluwole Aladedoye, SAN, informed the court that the prosecution had filed its reply to the no-case submission on September 6, 2026. Aladedoye urged Justice Joyce Abdulmalik to dismiss the application and order El-Rufai to open his defence.
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The prosecution maintained that evidence tendered before the court, including what it described as El-Rufai’s confession, had established a case against the former governor. It therefore opposed the defence’s request for the proceedings to be terminated at that stage.
The case stems from comments El-Rufai made during an Arise Television interview on February 13, 2026, in which he reportedly stated that associates had listened to telephone communications involving National Security Adviser Nuhu Ribadu.
The DSS subsequently brought an amended five-count charge against the former governor, alleging breaches of Nigeria’s cybercrime and communications laws. The prosecution’s case concerns the alleged unlawful interception of communications involving Ribadu.
El-Rufai was arraigned in April 2026 and pleaded not guilty to the five-count further amended charge. The proceedings have centred on whether the evidence presented by the prosecution is sufficient to require the former governor to defend himself against the allegations.
After hearing submissions from lawyers representing El-Rufai and the DSS, Justice Abdulmalik adjourned the matter until October 26, 2026, for ruling on the no-case submission.
The ruling will determine whether the defence application succeeds or whether El-Rufai will be required to proceed with his defence in the ongoing case. The allegations against the former governor remain before the court, and the proceedings are continuing.
Crediblenewsng.com
