Court Orders El-Rufai to Defend Phone-Tapping Charge

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 was involved in the illegal interception of telephone communications belonging to the National Security Adviser, Nuhu Ribadu.

In a ruling delivered on Monday, Justice Joyce Abdulmalik held that the prosecution had presented enough evidence to require the former governor to defend himself against the charges.

The judge rejected El-Rufai’s application seeking to be discharged and acquitted, ruling that the request lacked merit. The court subsequently directed him to open his defence in the ongoing trial.

El-Rufai, who governed Kaduna State from 2015 to 2023, is facing a five-count amended charge filed against him by the Federal Government through the Department of State Services (DSS).

The case followed comments he made during an appearance on Arise Television’s Prime Time programme on February 13, when he allegedly admitted knowing someone who had unlawfully intercepted Ribadu’s telephone conversations.

The prosecution accused the former governor of failing to report the alleged offence to the appropriate security agencies. The charges also relate to claims that the incident posed a threat to national security and public safety under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.

During the television interview, El-Rufai spoke about 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.

He accused the security agency of acting on the instructions of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which he claimed had received a directive from Ribadu to have him detained.

The former governor said he obtained the information from an individual who had listened to the NSA’s telephone conversations.

Following the prosecution’s presentation of its case through two witnesses, El-Rufai asked the court to discharge and acquit him, arguing that the evidence presented was insufficient to establish a case against him.

His legal team, led by senior advocate Paul Erokoro, maintained that the prosecution had failed to establish a prima facie case that would require him to enter a defence. The lawyers also described the charge as legally defective.

However, the prosecution counsel, Oluwole Aladedoye, urged the court to reject the application, arguing that the oral and documentary evidence presented during the trial was sufficient to connect El-Rufai to the allegations.

In her ruling, Justice Abdulmalik held that the evidence before the court required the former governor to provide an explanation. She clarified that the decision did not amount to a determination of his guilt or innocence but meant that the trial should proceed to the defence stage.

El-Rufai had earlier challenged the legality of the case and asked the court to strike out the charge, which was registered as FHC/ABJ/CR/99/2026.

He presented 17 grounds in support of his application, arguing that the DSS had no legal basis to interpret his comments during a television interview as an admission that he participated in the illegal interception of the NSA’s telephone conversations.

The former governor maintained that his remarks were made during a public discussion and did not qualify as a confessional statement under the law.

He argued that a statement could only be treated as a confession if it met the relevant legal requirements, including being made voluntarily and under appropriate caution. According to him, his television appearance did not involve the procedures required for statements obtained from suspects during investigations.

The court, however, declined to terminate the trial and instead directed that the case should proceed on an accelerated basis.

El-Rufai has remained in detention since February and is facing legal proceedings in both Abuja and Kaduna State.

In another development involving his detention, Justice Abdulmalik on July 23 rejected his application seeking changes to his bail conditions.

The former governor had described the requirements as difficult to meet, particularly the demand for Level 17 civil servants who own properties in Maitama or Asokoro districts of Abuja to stand as sureties.

His lawyers also challenged the requirement for verification and attestation letters from the Kaduna State traditional council, asking the court to review the conditions.

The prosecution opposed the application, arguing that qualified public officers capable of meeting the requirements were available. The court subsequently dismissed the request, leaving the existing bail conditions in place.