Phone-Tapping Allegation: Court To Rule Oct 26 On El-Rufai’s ‘No-Case Submission’ As FG Insists Ex-Governor Has Case To Answer
The Federal High Court in Abuja has fixed October 26 to rule on a motion filed by former Kaduna State Governor, Nasir El-Rufai, seeking to stop his trial over alleged unlawful interception of phone communications of the National Security Adviser [NSA], Nuhu Ribadu.
El-Rufai, through his team of lawyers led by Paul Erokoro, SAN, urged the court to discharge and acquit him of the five-count amended charge filed against him by the Federal Government through the Department of State Services [DSS].
He argued that the prosecution failed to establish a prima facie case to warrant compelling him to enter a defence, describing the charge as incompetent, and prayed the court to uphold his no-case submission and terminate proceedings.
However, prosecution counsel Oluwole Aladedoye, SAN, urged the court to dismiss the application and order the defendant to open his defence, maintaining that oral and documentary evidence before the court was sufficient to link El-Rufai to the allegations.
After listening to both sides, Justice Joyce Abdulmalik adjourned to October 26 for ruling.
It will be recalled that the Federal Government closed its case after calling two witnesses.
The court had on July 23 dismissed an application by the former governor seeking variation of his bail conditions, which he described as stringent and difficult to fulfil. The conditions included producing Level 17 civil servants with properties in Maitama or Asokoro, as well as verification and attestation letters from the Kaduna State Traditional Council.
The prosecution opposed the variation, insisting that qualified officers who could meet the conditions exist, and Justice Abdulmalik agreed, saying there was no reason to alter the initial bail conditions meant to ensure the defendant’s attendance at trial.
El-Rufai, who was governor from 2015 to 2023 and served as FCT Minister under President Olusegun Obasanjo, is facing trial over comments he made as a guest on Arise Television’s Prime Time programme on February 13.
He was alleged to have admitted that he knew and was associated with an individual who illegally intercepted the NSA’s telephone communications — an act said to breach national security and public safety under Section 12 of the Cybercrimes [Prohibition, Prevention, etc.] Act, 2024. He was also charged with failing to report the crime to relevant security agencies.
During the TV interview, El-Rufai had reacted to what he described as an attempt by DSS operatives to “abduct” him at the Nnamdi Azikiwe International Airport, Abuja on February 12, 2026 upon his return from Cairo.
He claimed the security agency was instigated by the ICPC which had received a directive from the NSA, Ribadu, to detain him, and said the information reached him through someone who listened in on Ribadu’s phone conversations.
Shortly after being accused of admitting that he used “technical equipment” to illegally intercept the NSA’s calls, El-Rufai filed a motion to quash the charge marked FHC/ABJ/CR/99/2026, giving 17 reasons why it should be dismissed.
He argued the charge was incompetent and legally defective, insisting the DSS had no legal basis to elevate a “casual remark” made during a television interview into a confession.
He maintained that for a statement to be admissible as a confession, it must be made under caution, voluntarily and in compliance with judges’ rules, and that his TV comments were made without caution or warning in a voluntary public discussion.
“A casual remark on a television programme cannot be elevated to a judicial confession,” he argued.
The court, however, declined to quash the charge and ordered accelerated hearing of the case.
COURTESY: northernnigeriahub.com.ng
