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 alleged unlawful interception of the telephone communications of National Security Adviser Nuhu Ribadu.
Justice Joyce Abdulmalik dismissed the application on Monday after agreeing with the prosecution that the Department of State Services (DSS) had established a prima facie case against the former governor.
The court held that the evidence presented by the DSS was sufficient to require El-Rufai to enter his defence, if he chooses to do so and Justice Abdulmalik subsequently ordered him to open his defence on November 25, 2026.
The case stems from charges filed by the DSS on February 16, 2026, following allegations that El-Rufai and others unlawfully intercepted Ribadu’s phone communications.
Three-count Charge
The DSS filed a three-count charge against the former governor, accusing him of offences relating to alleged phone interception, failure to report the perpetrators and activities said to threaten public safety and national security.
In the first count, the DSS alleged that El-Rufai admitted during an appearance on Arise News’ Prime Time programme in Abuja on February 13, 2026, that he and his associates had unlawfully intercepted Ribadu’s telephone communications.
The prosecution said the alleged offence contravened Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
In the second count, El-Rufai was accused of saying during the interview that he knew and had dealings with individuals who allegedly intercepted the NSA’s communications but failed to report them to the relevant security agencies. The DSS said the alleged offence was punishable under Section 27(b) of the same Act.
The third count accused El-Rufai and other individuals still at large of using technical equipment or systems to compromise public safety and national security through the alleged interception, creating a reasonable apprehension of insecurity among Nigerians. El-Rufai has denied the charges, and the allegations remain subject to determination by the court.
