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The Federal High Court in Abuja has fixed October 26 to determine whether former Kaduna State Governor, Nasir El-Rufai, has a case to answer in the trial arising from allegations that he unlawfully intercepted the telephone communications of National Security Adviser, Nuhu Ribadu.
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The former governor, through his lead counsel, Paul Erokoro, SAN, has urged the court to uphold his no-case submission and discharge him, arguing that the Federal Government failed to establish a prima facie case after presenting two witnesses.
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Prosecution counsel, Oluwole Aladedoye, SAN, opposed the application, insisting that the oral and documentary evidence before the court sufficiently connects El-Rufai to the alleged offences and warrants his being called upon to open his defence.
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The charges followed comments made by El-Rufai during an Arise Television programme in February, in which he said he obtained information about an alleged plan to detain him through a person who had listened to Ribadu’s telephone conversations.
September 22, (THEWILL) – The Federal High Court in Abuja has fixed October 26, 2026, to rule on the no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, in his trial over alleged unlawful interception of the telephone communications of National Security Adviser, Nuhu Ribadu.
Justice Joyce Abdulmalik fixed the date on Tuesday after hearing arguments from both sides on whether the former governor has a case to answer.
El-Rufai, through his lead counsel, Paul Erokoro, SAN, is asking the court to discharge and acquit him of the five-count amended charge filed against him by the Federal Government through the Department of State Services (DSS).
The former governor’s legal team argued that the prosecution had failed to establish a prima facie case sufficient to compel him to enter a defence. Erokoro urged the court to uphold the no-case submission and terminate the proceedings.
The prosecution, however, asked the court to dismiss the application and direct El-Rufai to open his defence. Counsel to the prosecution, Oluwole Aladedoye, SAN, argued that the oral and documentary evidence already presented before the court was sufficient to connect the former governor to the allegations contained in the charge.
After listening to the arguments, Justice Abdulmalik adjourned the case to October 26 for ruling.
How The Case Began
The criminal case arose from comments made by El-Rufai during an appearance on Arise Television’s Prime Time programme on February 13, 2026.
The former governor had appeared on the programme shortly after returning from Cairo and spoke about an alleged attempt by DSS operatives to arrest or “abduct” him at the Nnamdi Azikiwe International Airport in Abuja on February 12.
El-Rufai alleged that the security operation was linked to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which he claimed had received a directive from Ribadu to detain him. He said the information about the alleged plan had reached him through an individual who had listened to the NSA’s telephone conversations.
The prosecution subsequently interpreted the comments as indicating that El-Rufai knew and was associated with an individual who had unlawfully intercepted Ribadu’s communications.
The Federal Government accused him of conduct relating to unlawful interception of communications, which it said had implications for national security and public safety. He was also accused of failing to report the alleged offence to the appropriate security agencies.
The charge is being prosecuted under the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
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El-Rufai Challenges Charge
El-Rufai had earlier asked the Federal High Court to quash the charge, advancing 17 grounds in support of his application. He argued that the charge, marked FHC/ABJ/CR/99/2026, was incompetent and legally defective.
A major plank of his argument was that the DSS had improperly elevated comments he made during a television interview into an admission that he had participated in or had knowledge of the alleged interception of Ribadu’s telephone calls.
The former governor maintained that his television comments did not amount to a confessional statement in law. He argued that a statement could only be treated as a confession where the circumstances in which it was made met the applicable legal requirements, including voluntariness and the safeguards applicable to statements obtained from suspects.
El-Rufai stressed that his comments were made during a public television discussion, without caution or warning and without the protections applicable to a suspect in custody.
“A casual remark on a television programme cannot be elevated to a judicial confession”, he argued.
The court, however, declined to quash the charge and ordered an accelerated hearing of the case.
Following the court’s decision to allow the trial to proceed, the Federal Government presented its evidence and subsequently closed its case after calling two witnesses.
With the prosecution having concluded its case, El-Rufai’s lawyers filed the no-case submission, arguing that the evidence led by the prosecution did not establish the essential elements of the offences.
The October 26 ruling will consequently determine whether the former governor will be required to defend himself against the five-count amended charge.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
