Justice Joyce Abdulmalik of the Federal High Court in Abuja has adjourned until October 26, 2026, to rule on a no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, in the alleged phone-tapping case instituted against him by the Department of State Services (DSS).
The judge fixed the date after hearing arguments from both the defence and the prosecution on the application.
Adopting the no-case submission, counsel to El-Rufai, Paul Erokoro (SAN), urged the court to hold that the DSS had failed to establish a prima facie case requiring his client to enter a defence.
However, counsel to the DSS, Oluwole Aladedoye (SAN), urged the court to dismiss the application and order El-Rufai to defend the charges.
Aladedoye argued that the defence had failed to sufficiently address Exhibit B, which the prosecution said contained an alleged admission by El-Rufai regarding the interception of telephone communications involving the National Security Adviser, Nuhu Ribadu.
After listening to the submissions, Justice Abdulmalik adjourned the matter until October 26 for ruling.
The DSS had earlier called two prosecution witnesses, including a DSS operative and human rights lawyer Deji Adeyanju, who testified about statements allegedly made by El-Rufai during a television interview concerning the interception of telephone communications involving Ribadu.
During the proceedings, the court also watched the televised interview in which El-Rufai was alleged to have said, “We listened to the conversations of the NSA.”
Adeyanju told the court that although he did not hear El-Rufai expressly state that he hacked Ribadu’s phone, he heard the former governor make the statement about listening to the NSA’s conversations.
El-Rufai is facing an amended five-count charge relating to the alleged interception of Ribadu’s telephone communications and an alleged breach of national security. He pleaded not guilty to the charges.
The DSS closed its case in June after presenting witnesses and electronic evidence, including a recording of the television interview. A prosecution witness also told the court that Ribadu had confirmed that the conversation referenced by El-Rufai had taken place.
El-Rufai remains on ₦100 million bail after the court rejected his application seeking to vary the bail conditions.
