Court Orders El-Rufai to Open Defence in Ribadu Phone Interception Case
Kola Oyelere Kano
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The 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 the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu.
Justice Joyce Abdulmalik, who presided over the case, delivered the ruling on Monday, October 26, 2026, holding that the prosecution had presented sufficient evidence to require El-Rufai to enter his defence.
The ruling followed an application by the former governor seeking the dismissal of the charges on the grounds that the prosecution had failed to establish a prima facie case against him.
However, the judge rejected the application, paving the way for the trial to proceed to the defence stage.
The case was instituted by the Department of State Services (DSS), which accused El-Rufai of unlawfully intercepting telephone communications involving Ribadu.
The DSS reportedly closed its case after presenting two witnesses before the court, prompting the former governor’s legal team to file a no-case submission.
In the application, the defence argued that the evidence presented by the prosecution was insufficient to warrant requiring El-Rufai to respond to the allegations.
Prosecution Opposes Application
Counsel to the DSS, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), opposed the application and urged the court to dismiss it.
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The prosecution maintained that the evidence presented during the proceedings was sufficient to establish a prima facie case against the former governor.
A key issue raised by the prosecution was Exhibit B, which it claimed contained an alleged admission by El-Rufai concerning the interception of Ribadu’s telephone communications.
According to the prosecution, the defence had failed to adequately address the exhibit in its application seeking the dismissal of the case.
The DSS consequently urged Justice Abdulmalik to reject the no-case submission and direct El-Rufai to open his defence.
The allegations reportedly followed comments attributed to the former governor during his appearance on ARISE Television’s Prime Time programme in February 2026, where he spoke about the alleged interception of telephone communications involving the NSA.
El-Rufai is facing an amended five-count charge relating to the alleged interception and other associated allegations concerning national security. He has pleaded not guilty to the charges.
The dismissal of the no-case submission means the former governor will now have the opportunity to present his defence against the prosecution’s allegations.
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A no-case submission is an application by a defendant asking a court to terminate a case without requiring the defence to present evidence, usually on the grounds that the prosecution has failed to establish sufficient evidence requiring an answer.
The court’s decision to dismiss El-Rufai’s application does not amount to a conviction or a determination of guilt. Rather, it means the trial will proceed, with the allegations yet to be determined based on the evidence and applicable law.