Federal High Court Abuja: El-Rufai Wiretapping Trial Defense Ordered

• A Federal High Court in Abuja dismissed former Governor Nasir El-Rufai's no-case submission in a wiretapping trial.
• Justice Joyce Abdulmalik ruled that the prosecution presented sufficient evidence, requiring El-Rufai to enter his defense.
• El-Rufai faces a five-count amended charge from the DSS for allegedly intercepting NSA Nuhu Ribadu's phone conversations.
• The charges originated from El-Rufai's February 2026 interview where he claimed Ribadu's phone was wiretapped.
• He is now ordered to open his defense on November 25, 2026.

This ruling signals that Nigerian courts are taking allegations of unlawful communication interception seriously, even against high-profile individuals.

A Federal High Court in Abuja has mandated former Kaduna State Governor, Nasir El-Rufai, to present his defense in a trial concerning the alleged unlawful interception of telephone conversations. The ruling, delivered by Justice Joyce Abdulmalik, dismissed a no-case submission filed by El-Rufai, indicating that the prosecution had presented sufficient evidence to warrant a full defense.

The former governor is facing a five-count amended charge brought by the Department of State Services (DSS). These charges revolve around accusations that he illegally monitored the phone communications of the National Security Adviser (NSA), Nuhu Ribadu. The court's decision means the case will now proceed to the defense stage, with El-Rufai expected to formally open his defense on November 25, 2026.

El-Rufai's legal team had sought to have the charges dismissed through a no-case submission, a procedural move typically made after the prosecution has concluded its presentation of evidence. Through his counsel, Paul Erokoro, the former governor argued that the prosecution had failed to establish a prima facie case against him, contending that the evidence presented was insufficient to compel him to respond to the allegations and therefore he should be discharged and acquitted.

However, the prosecution, represented by Oluwole Aladedoye, countered this argument, asserting that both the oral testimonies and documentary evidence submitted to the court were robust enough to necessitate a defense from El-Rufai. Justice Abdulmalik concurred with the prosecution's stance, ruling that the evidence was indeed sufficient to require El-Rufai to proceed with his defense, thereby rejecting his request for an early acquittal.

The charges against Nasir El-Rufai stem from a controversial interview he granted in February 2026 on Arise Television's Prime Time program. During this interview, El-Rufai publicly claimed that 'someone wiretapped' the telephone of NSA Nuhu Ribadu. He further alleged that he had listened to a conversation from this intercepted call, in which Ribadu purportedly instructed security operatives to arrest him.

This specific allegation, made during the televised interview, subsequently formed the foundational basis for the DSS to initiate prosecution against the former governor. The court's current directive for El-Rufai to enter his defense directly addresses these serious claims of unlawful communication interception.

This ruling signals that Nigerian courts are taking allegations of unlawful communication interception seriously, even against high-profile individuals. The dismissal of El-Rufai's no-case submission underscores the judiciary's commitment to ensuring that individuals accused of such offenses are held accountable and given a full opportunity to defend themselves when sufficient evidence has been presented by the prosecution.

The decision reinforces the principle that a no-case submission is not a guaranteed pathway to acquittal if the prosecution successfully lays a preliminary evidentiary foundation. For high-ranking public figures, this case highlights the potential legal ramifications of public statements, particularly those involving sensitive national security matters and alleged breaches of privacy. The upcoming defense phase will be crucial in determining the ultimate outcome of these significant charges.

This ruling signals that Nigerian courts are taking allegations of unlawful communication interception seriously, even against high-profile individuals. Lawyers should advise clients on the potential for prosecution and the need for a strong defense, as no-case submissions may not succeed if the prosecution presents sufficient evidence.

Source: Original reporting via PUNCH