● Judge orders former Kaduna governor to open defence on November 25
A Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, in his trial over the alleged unlawful interception of telephone communications involving National Security Adviser (NSA), Nuhu Ribadu.
Justice Joyce Abdulmalik, who presided over the matter, ruled on Monday that the prosecution had presented sufficient evidence to warrant calling on El-Rufai to enter his defence, if he so desires.
The judge consequently adjourned the case until November 25, 2026, for the former governor to open his defence.
El-Rufai is standing trial on a five-count amended charge filed by the Department of State Services (DSS), bordering on the alleged unauthorised interception of Ribadu’s telephone communications and related offences.
The ruling followed arguments by the defence and prosecution over whether the evidence presented by the government was sufficient to require the defendant to respond to the allegations.
Defence seeks discharge and acquittal
Following the closure of the prosecution’s case after the testimony of two witnesses, El-Rufai filed a no-case submission, asking the court to discharge and acquit him.
His counsel, Paul Erokoro, a Senior Advocate of Nigeria (SAN), argued that the prosecution had failed to establish a prima facie case against his client and that the evidence before the court was insufficient to compel him to enter a defence.
The defence urged Justice Abdulmalik to uphold the application and terminate further proceedings against the former governor.
However, prosecuting counsel, Oluwole Aladedoye, SAN, urged the court to dismiss the application, maintaining that the oral and documentary evidence presented by the prosecution was sufficient to require El-Rufai to answer the charges.
According to previous court reports, the prosecution also relied on an exhibit it said contained statements attributed to El-Rufai concerning the alleged interception of Ribadu’s telephone communications.
Justice Abdulmalik, after considering the submissions, rejected the no-case application and directed that the trial proceed to the defence stage.
The case followed comments El-Rufai made during an appearance on Arise Television’s Prime Time programme in February 2026, when he alleged that someone had intercepted Ribadu’s telephone communications.
The former governor claimed that the interception enabled him to listen to a conversation in which the NSA allegedly instructed security operatives to arrest him.
The DSS subsequently initiated criminal proceedings over the alleged interception.
El-Rufai was arraigned before the Federal High Court in Abuja on April 23, 2026, on a five-count amended charge. He pleaded not guilty to all the counts.
During the prosecution’s case, two witnesses testified before the government closed its case, prompting the defence to file the no-case submission.
Justice Abdulmalik had fixed October 26 to rule on the application after hearing arguments from both sides.
With the dismissal of the no-case submission, El-Rufai is expected to present his defence when proceedings resume on November 25.
A no-case submission is an application by a defendant asking a court to terminate a criminal trial on the grounds that the prosecution has not presented sufficient evidence to require a defence.