The Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai over allegations that he unlawfully intercepted the telephone communications of National Security Adviser (NSA) Nuhu Ribadu.
Justice Joyce Abdulmalik, in a ruling on Monday, October 26, 2026, held that the prosecution had presented sufficient evidence to require the former governor to enter his defence.
The judge dismissed the application, which sought to discharge and acquit El-Rufai, and ordered him to open his defence in the ongoing trial.
However, the ruling does not amount to a finding of guilt, as the court has yet to determine whether the former governor committed the alleged offences.
El-Rufai is facing a five-count amended charge filed by the Federal Government through the Department of State Services (DSS).
The allegations relate to comments he made during an appearance on Arise Television’s Prime Time programme on February 13, 2026.
The prosecution alleged that El-Rufai admitted knowing and associating with an individual who had illegally intercepted Ribadu’s telephone communications.
He was also accused of failing to report the alleged interception to the appropriate security agencies. The charges include alleged offences relating to national security and public safety under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
Prosecution Says Evidence Warrants a Defence
The development followed the close of the prosecution’s case, during which two witnesses testified before the court.
El-Rufai, through his lawyer, Paul Erokoro, SAN, asked the court to discharge and acquit him, arguing that the prosecution had failed to establish a prima facie case requiring him to defend himself.
The defence also described the charge as incompetent.
However, prosecution counsel, Oluwole Aladedoye, SAN, urged the court to reject the application, maintaining that the oral and documentary evidence presented was sufficient to link the defendant to the allegations.
In her ruling, Justice Abdulmalik said the evidence before the court was strong enough to warrant explanations from El-Rufai.
The judge nevertheless noted that the court had not yet determined his culpability or otherwise.
Dispute Began With Comments on Arise Television
The case stems partly from comments El-Rufai made while discussing an alleged attempt by DSS operatives to abduct him at the Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, following his return from Cairo.
During the interview, the former governor claimed that the DSS was acting at the instigation of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which he alleged had received a directive from Ribadu to detain him.
El-Rufai said he obtained the information from someone who had listened to the NSA’s telephone conversations.
The prosecution subsequently accused him of admitting that he knew someone who had used technical equipment to intercept Ribadu’s calls.
El-Rufai has denied that his television comments amounted to a confession in law.
He previously filed a motion listing 17 grounds for quashing the charge, marked FHC/ABJ/CR/99/2026.
Among other arguments, he maintained that the DSS had improperly interpreted a casual remark made during a public television discussion as a confession to illegal phone interception.
He argued that the interview was not conducted under caution and that his comments did not meet the legal requirements for an admissible confessional statement.
“A casual remark on a television programme cannot be elevated to a judicial confession,” he argued.
The court declined to quash the charge and directed that the trial be heard expeditiously.
El-Rufai Remains in Detention
El-Rufai, who served as Kaduna State governor from 2015 to 2023, has been in detention since February and is facing proceedings in courts in Abuja and Kaduna State.
In a separate ruling on July 23, Justice Abdulmalik dismissed his application to vary his bail conditions, which the former governor described as stringent and difficult to meet.
According to his lawyer, the conditions included providing level 17 civil servants with properties in Maitama or Asokoro as sureties, alongside verification and attestation letters from the Kaduna State traditional council.
The prosecution opposed the application, arguing that qualified public officers who could satisfy the conditions were available.
The court subsequently rejected the request to vary the bail conditions.
