The Federal High Court in Abuja has ordered former Kaduna State Governor Nasir El-Rufai to enter his defence in the ongoing trial over the alleged unlawful interception of telephone conversations involving National Security Adviser (NSA) Nuhu Ribadu.
Justice Joyce Abdulmalik gave the order on Monday, October 26, 2026, after dismissing a no-case submission filed by the former governor.
The judge held that the prosecution had presented sufficient evidence to require El-Rufai to respond to the allegations in the five-count amended charge filed by the Department of State Services (DSS).
The court adjourned the case until November 25, 2026, for the former governor to open his defence.
El-Rufai filed the no-case submission after the Federal Government closed its case, having called two prosecution witnesses.
Through his counsel, Paul Erokoro, the former governor urged the court to discharge and acquit him, arguing that the prosecution had failed to establish a prima facie case against him.
Erokoro maintained that the evidence presented was insufficient to compel his client to defend himself against the charges.
However, prosecution counsel, Oluwole Aladedoye, urged the court to dismiss the application, arguing that the oral and documentary evidence before it was sufficient to require a response from the defendant.
In her ruling, Justice Abdulmalik agreed that the case should proceed to the defence stage, rejecting El-Rufai’s request for discharge and acquittal at that point in the proceedings.
How the Wiretapping Case Began
The charges stem from comments El-Rufai made during an appearance on Prime Time, an Arise Television programme, in February 2026.
During the interview, the former governor claimed that someone had intercepted Ribadu’s telephone conversations, allowing him to hear a discussion in which the NSA allegedly instructed security operatives to arrest him.
El-Rufai said during the interview that “someone wiretapped” the NSA’s phone.
The comments subsequently became the basis of the DSS prosecution, which alleges that the former governor was connected to the unlawful interception and failed to report the alleged offence to the relevant authorities.
The court’s decision to reject the no-case submission does not amount to a conviction. El-Rufai is expected to present his defence when proceedings resume on November 25, 2026.
