A Federal High Court sitting in Abuja has reserved its ruling on a no case submission filed by former Kaduna State governor, Mallam Nasir El'Rufai, in a case of alleged wiretapping brought against him by the Department of State Services (DSS). The DSS had filed an amended five-count charge against El'Rufai following an interview he granted to Arise TV on February 13, 2026, where he claimed that his associates had tapped the phone communications of National Security Adviser (NSA) Nuhu Ribadu.
The DSS alleged that El'Rufai's actions breached the Cybercrimes and Nigerian Communications laws. At the resumed hearing on Tuesday, counsel to El'Rufai, Paul Erokoro, SAN, informed the court that they had filed a no case application on August 26, 2026. A. K. Ekere, who held brief for Erokoro, urged the court to discharge the case filed against El'Rufai and award penalties against the DSS, arguing that no prima-facie evidence was before the court to warrant a defence.
Responding, the prosecuting lawyer, Oluwole Aladedoye, SAN, informed the court that the prosecution had filed its reply to the no-case submission on September 6, 2026. He urged the court to overrule the no case submission filed by the defence and order El'Rufai to begin his defence. Aladedoye added that there was evidence of El'Rufai's confession, which was tendered as evidence in court, and that it duly established a case against the former governor.
The presiding judge, Justice Joyce Abdullmalik, adjourned the matter to October 26, 2026, after listening to the lawyers to the DSS and to the former governor. The court's decision to reserve its ruling on El'Rufai's no case submission has significant implications for the case, which has been ongoing since the DSS filed the charges.
El'Rufai's alleged wiretapping of NSA Nuhu Ribadu's phone communications has been a subject of controversy since his interview with Arise TV in February. The DSS has maintained that El'Rufai's actions were unlawful and breached existing laws, while El'Rufai's counsel has argued that there is no evidence to support the charges.
The case has attracted attention from various quarters, with many Nigerians following the developments closely. The court's ruling on El'Rufai's no case submission is expected to have far-reaching consequences, not only for the former governor but also for the country's laws and institutions.
The Federal High Court's decision to adjourn the case to October 26, 2026, has given both parties time to prepare their arguments and await the court's ruling. The outcome of the case will determine whether El'Rufai will face trial or be discharged of the charges.
Key points
- The Federal High Court in Abuja has reserved its ruling on a no case submission by former Kaduna State governor, Mallam Nasir El'Rufai, in a case of alleged wiretapping brought by the Department of State Services (DSS).
- El'Rufai's counsel has argued that there is no prima-facie evidence to support the charges, while the DSS has maintained that El'Rufai's actions breached existing laws.
- The court's ruling on El'Rufai's no case submission is expected to have significant implications for the case and the country's laws and institutions.