Court Orders El-Rufai to Open Defence in Alleged NSA Phone Interception Case

The Federal High Court in Abuja has ruled that former Kaduna State Governor Nasir El-Rufai has a case to answer in the trial over the alleged unlawful interception of telephone communications belonging to the National Security Adviser (NSA), Nuhu Ribadu.

Justice Joyce Abdulmalik, in a ruling delivered on Monday, dismissed El-Rufai’s no-case submission, which sought his discharge and acquittal on the grounds that the prosecution had failed to establish a prima facie case against him.

The court subsequently ordered the former governor to open his defence, although it has yet to determine whether he is guilty of the allegations.

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

The charges stem from comments he made during an appearance on Arise Television’s Prime Time programme on February 13, 2026.

The prosecution alleged that El-Rufai admitted during the interview that he knew and was associated with an individual who had illegally intercepted Ribadu’s telephone communications.

He was also accused of failing to report the alleged offence to the appropriate security agencies, with the prosecution maintaining that the conduct breached provisions of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.

During the television interview, the former governor discussed what he described as an attempt by DSS operatives to abduct him at the Nnamdi Azikiwe International Airport in Abuja on February 12, 2026, following his return from Cairo.

El-Rufai alleged that the security agency was 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.

He said the information had reached him through an individual who had listened to the NSA’s telephone conversations.

Following the prosecution’s presentation of two witnesses and the closure of its case, El-Rufai, through his legal team led by Senior Advocate of Nigeria (SAN) Paul Erokoro, asked the court to discharge and acquit him.

His lawyers argued that the prosecution had failed to establish a prima facie case requiring him to enter a defence. They also challenged the competence of the charge.

However, the prosecution counsel, Senior Advocate of Nigeria Oluwole Aladedoye, urged the court to reject the application, arguing that the oral and documentary evidence presented was sufficient to require the defendant to respond to the allegations.

In dismissing the no-case submission, Justice Abdulmalik held that the evidence presented by the prosecution was sufficient to warrant an explanation from El-Rufai.

The ruling does not amount to a finding of guilt but requires the former governor to respond to the prosecution’s case.

El-Rufai Had Challenged Competence of Charge

The latest ruling follows an earlier attempt by El-Rufai to stop the trial. The former governor had filed a motion raising 17 grounds for seeking the quashing of the charge marked FHC/ABJ/CR/99/2026.

He argued that the charge was legally defective and that the DSS lacked a proper legal basis to interpret his comments during a television interview as an admission that he had participated in the unlawful interception of the NSA’s telephone communications.

El-Rufai maintained that his remarks did not constitute a confessional statement under the law, arguing that a confession must be made voluntarily and in circumstances that satisfy applicable legal requirements.

He also contended that his comments were made during a public discussion without any caution or warning and should not be treated as a judicial confession.

The court declined to quash the charge and ordered an accelerated hearing of the case.

El-Rufai, who has been in detention since February, is also facing proceedings before courts in Abuja and Kaduna State.

Court Previously Rejected Bail Variation Request

In a related development, Justice Abdulmalik had, on July 23, dismissed an application by the former governor seeking a variation of his bail conditions.

El-Rufai had described the conditions as stringent and difficult to meet. According to his lawyer, the requirements included providing civil servants on Grade Level 17 who owned properties in Maitama or Asokoro districts of Abuja, alongside verification and attestation letters from the Kaduna State Traditional Council.

The prosecution opposed the application, arguing that qualified public officers capable of meeting the requirements were available and could be secured by the defendant.

The court subsequently rejected the request.

The trial over the alleged interception of the NSA’s communications is expected to continue as El-Rufai prepares to present his defence.