The Federal High Court in Abuja has fixed October 26, 2026, to determine whether former Kaduna State Governor, Nasir El-Rufai, has a case to answer in the trial arising from allegations that he unlawfully intercepted the telephone communications of National Security Adviser, Nuhu Ribadu. The court will rule on the no-case submission filed by El-Rufai, who is facing a five-count amended charge.
El-Rufai's lawyers, led by Paul Erokoro, SAN, have urged the court to uphold the no-case submission and discharge him, arguing that the Federal Government failed to establish a prima facie case after presenting two witnesses. The prosecution, however, opposed the application, insisting that the oral and documentary evidence before the court sufficiently connects El-Rufai to the alleged offences and warrants his being called upon to open his defence.
The charges against El-Rufai followed comments he made during an Arise Television programme in February 2026, in which he said he obtained information about an alleged plan to detain him through a person who had listened to Ribadu's telephone conversations. The prosecution interpreted his comments as indicating that he knew and was associated with an individual who had unlawfully intercepted Ribadu's communications.
The Federal Government accused El-Rufai of conduct relating to unlawful interception of communications, which it said had implications for national security and public safety. He was also accused of failing to report the alleged offence to the appropriate security agencies. The charge is being prosecuted under the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
El-Rufai had earlier asked the Federal High Court to quash the charge, advancing 17 grounds in support of his application. He argued that the charge was incompetent and legally defective. A major plank of his argument was that the DSS had improperly elevated comments he made during a television interview into an admission that he had participated in or had knowledge of the alleged interception of Ribadu's telephone calls.
The court declined to quash the charge and ordered an accelerated hearing of the case. Following the court's decision to allow the trial to proceed, the Federal Government presented its evidence and subsequently closed its case after calling two witnesses. With the prosecution having concluded its case, El-Rufai's lawyers filed the no-case submission, arguing that the evidence led by the prosecution did not establish the essential elements of the offences.
The October 26 ruling will consequently determine whether the former governor will be required to defend himself against the five-count amended charge. If the court rules in favour of the prosecution, El-Rufai will have to open his defence. Key points in the case include whether El-Rufai's comments during the television interview can be used as evidence against him and whether the prosecution has established a prima facie case.
Key points
- The Federal High Court in Abuja will rule on the no-case submission filed by Nasir El-Rufai on October 26, 2026.
- El-Rufai is facing a five-count amended charge for allegedly unlawfully intercepting the telephone communications of National Security Adviser, Nuhu Ribadu.
- The prosecution and defence have presented their arguments, and the court will determine whether El-Rufai has a case to answer.
