The Federal High Court in Abuja has fixed October 26, 2026, to rule on a no-case submission filed by former Kaduna State Governor Nasir El-Rufai, who is standing trial over alleged unlawful interception of telephone communications involving National Security Adviser (NSA) Nuhu Ribadu.
El-Rufai, through his counsel, led by Senior Advocate of Nigeria (SAN) Paul Erokoro, is asking the court to discharge and acquit him on the five-count amended charge brought against him by the Federal Government through the Department of State Services (DSS).
In the no-case submission, the former governor argued that the prosecution had failed to present sufficient evidence to establish a prima facie case against him or require him to enter a defence.
His lawyers also challenged the competence of the charge and urged Justice Joyce Abdulmalik to terminate the proceedings on the grounds that the prosecution had not established the essential elements of the alleged offences.
The Federal Government, however, opposed the application.
Prosecution counsel, Oluwole Aladedoyin, SAN, urged the court to dismiss the no-case submission and direct El-Rufai to open his defence. He argued that the oral testimony and documentary evidence presented by the prosecution were sufficient to connect the former governor to the allegations.
After hearing arguments from both sides, Justice Abdulmalik adjourned the matter until October 26 for ruling.
The development followed the prosecution’s closure of its case after calling two witnesses.
Dispute over alleged phone interception
The charges stem from comments made by El-Rufai during an appearance on Arise Television’s Prime Time programme on February 13, 2026.
The former governor was accused of stating that he knew and was associated with a person who had unlawfully intercepted Ribadu’s telephone communications.
The Federal Government alleges that the conduct violated provisions of Section 12 of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2024, relating to unlawful interception of communications and matters affecting national security and public safety.
He is also accused of failing to report the alleged offence to the appropriate security authorities.
El-Rufai has denied that his television comments amounted to an admission of criminal conduct.
During the interview, he was discussing an alleged attempt by DSS operatives to arrest him at the Nnamdi Azikiwe International Airport, Abuja, on February 12, 2026, after his return from Cairo.
He claimed that the DSS action had been prompted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), following an alleged directive from Ribadu, and said he obtained information about the development from a person who had listened to the NSA’s telephone conversations.
Following the allegations arising from the interview, El-Rufai filed a motion seeking to quash the charge in suit number FHC/ABJ/CR/99/2026.
He advanced 17 grounds in support of the application, arguing, among other things, that the charge was legally defective and that the DSS had improperly interpreted comments made during a television interview as a confession.
The former governor contended that a confession, for purposes of criminal proceedings, must meet the applicable legal requirements, including being made voluntarily and in circumstances recognised by law.
He argued that his remarks during the television programme were made in the course of a public discussion and were not statements obtained from him under caution.
“A casual remark on a television programme cannot be elevated to a judicial confession,” he argued.
The court subsequently declined to quash the charge and ordered that the case proceed on an accelerated basis.
The latest ruling date also comes against the backdrop of an earlier dispute over El-Rufai’s bail conditions.
On July 23, the court dismissed his application seeking to vary the conditions, which his lawyers had described as stringent and difficult to fulfil.
Among the conditions was a requirement that he produce Level 17 civil servants who own properties in Maitama or Asokoro, as well as verification and attestation letters from the Kaduna State Traditional Council.
The prosecution opposed the application, arguing that there were qualified persons capable of meeting the conditions.
Justice Abdulmalik subsequently declined to alter the terms, holding that the conditions were intended to ensure the former governor’s attendance at trial.
El-Rufai served as governor of Kaduna State from 2015 to 2023 and previously served as Minister of the Federal Capital Territory under former President Olusegun Obasanjo.
The October 26 ruling will determine whether the former governor will be required to enter a defence or whether the court will uphold his no-case submission and bring the prosecution to an end.
