Court Fixes October 26 to Rule on El-Rufai's Bid to Stop His Phone-Tapping Trial

Published on 22 September 2026 at 13:14

Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.

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, seeking to stop his trial over the alleged interception of telephone communications involving National Security Adviser Nuhu Ribadu. Justice Joyce Abdulmalik reserved the ruling on Tuesday, September 22, 2026, after hearing arguments from both the defence and the Department of State Services, which is prosecuting the case.

El-Rufai, through his legal team led by Paul Erokoro, SAN, urged the court to discharge and acquit him of the five-count amended charge preferred against him by the Federal Government through the DSS. Erokoro argued that the prosecution had failed to establish a prima facie case requiring his client to enter a defence to the charge, which he described as incompetent. The defence asked the court to uphold the no-case submission and terminate further proceedings on the matter. "He has no case to answer," Erokoro submitted.

The prosecution counsel, Oluwole Aladedoye, SAN, countered the application, urging the court to dismiss the no-case submission and order El-Rufai to open his defence. Aladedoye maintained that the oral and documentary evidence laid before the court was sufficient to tie the defendant to the allegations against him. He specifically argued that the defence had failed to adequately address Exhibit B, which the prosecution said contained an alleged admission by El-Rufai concerning the interception of Ribadu's telephone communications.

The DSS had earlier closed its case after calling two witnesses, including a DSS operative and human rights lawyer Deji Adeyanju. The court also viewed a televised interview in which El-Rufai was alleged to have said, "We listened to the conversations of the NSA." Adeyanju told the court that although he did not hear El-Rufai expressly say that he hacked Ribadu's phone, he heard him make the statement about listening to the NSA's conversations. A prosecution witness also told the court that Ribadu had confirmed that the conversation referenced by El-Rufai had taken place.

The charge against El-Rufai stems from comments he made during an appearance on Arise Television's Prime Time programme on February 13, 2026. It was alleged that the defendant, during his appearance, admitted that he knew and was associated with an individual who had illegally intercepted the NSA's telephone communications. He was also charged with failing to report the crime to the relevant security agencies. The prosecution alleged that his action breached national security and public safety, an offence punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.

During the TV interview, El-Rufai reacted to what he described as an attempt by DSS operatives to "abduct" him at Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, upon his return from Cairo. He insisted that the security agency was being instigated by the ICPC, which he said had received a directive from the NSA, Ribadu, to detain him. The former governor, who served as Kaduna State governor from 2015 to 2023 and previously as Minister of the Federal Capital Territory under President Olusegun Obasanjo, has consistently denied any wrongdoing. He pleaded not guilty to all five counts when he was arraigned on April 23, 2026.

El-Rufai remains on N100 million bail after the court, on July 23, 2026, dismissed as lacking in merit an application he filed for the variation of his bail conditions, which he described as very stringent and difficult to fulfil. His lawyer had sought to vary the requirement that the defendant produce a Level 17 civil servant with property in Maitama or Asokoro, as well as verification and attestation letters from the Kaduna State Traditional Council. The prosecution opposed the variation request, insisting that qualified public officers who could meet the conditions existed and could easily be secured by the defendant. Justice Abdulmalik agreed with the prosecution, saying she found no reason to alter the initial bail conditions, which she said were intended to ensure the defendant's attendance at his trial.

The October 26 ruling will determine whether El-Rufai will be required to open his defence or whether the court will uphold his no-case submission and bring the trial to an end. If the court rules in his favour, the former governor will be discharged and acquitted without being called upon to enter a defence. If the court rules against him, he will be required to present his defence to the five-count charge. The case has drawn significant attention given El-Rufai's political stature and his ongoing battles with the Federal Government.

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