The El-Rufai wiretapping trial will continue on November 25 after a Federal High Court in Abuja dismissed the former Kaduna State governor’s request to end the case without presenting a defence.
Justice Joyce Abdulmalik delivered the ruling on Monday, October 26, 2026, after considering arguments from the prosecution and defence. The judge held that the Department of State Services (DSS) had presented sufficient evidence to require Nasir El-Rufai to respond to the allegations against him.
The case centres on claims that telephone communications involving National Security Adviser Nuhu Ribadu were unlawfully intercepted. El-Rufai is facing a five-count amended charge filed by the DSS over the alleged interception and related conduct.
Following the ruling, the court directed the former governor to enter his defence if he chooses and fixed November 25 for the next hearing.
The decision marks an important stage in the proceedings, as the court will now have the opportunity to hear the defence’s response to the evidence presented by the prosecution. However, the ruling does not amount to a conviction or establish the former governor’s guilt.
El-Rufai Wiretapping Trial Continues After Court Rejects Application
El-Rufai filed a no-case submission after the prosecution concluded its presentation of evidence. Through his legal team, he asked the court to discharge and acquit him, arguing that the prosecution had failed to establish a prima facie case requiring him to defend himself.
A no-case submission allows a defendant to challenge the sufficiency of the prosecution’s evidence before deciding whether to present a defence. The court must consider whether the evidence warrants requiring the defendant to answer the allegations.
During the proceedings, defence counsel argued that the evidence before the court did not provide sufficient grounds to compel El-Rufai to open his defence. The legal team urged Justice Abdulmalik to uphold the application and terminate the case against him at that stage.
However, prosecution counsel Oluwole Aladedoye, a Senior Advocate of Nigeria, opposed the application and asked the court to reject it. He maintained that the prosecution had presented sufficient oral and documentary evidence to establish a case requiring the former governor to respond.
Aladedoye also drew attention to Exhibit B, which the prosecution said contained an alleged admission relating to the interception of Ribadu’s telephone communications.
The prosecution called two witnesses before closing its case. They included a DSS operative and lawyer Deji Adeyanju, who testified about statements El-Rufai allegedly made during a television interview.
After considering the arguments, Justice Abdulmalik ruled that the prosecution had presented enough evidence to warrant a defence. The court consequently dismissed the no-case submission and directed the trial to proceed.
February Television Interview at Centre of Allegations
The allegations stem from an interview El-Rufai granted on Arise Television’s Prime Time programme on February 13, 2026. During the broadcast, the former governor discussed the alleged interception of Ribadu’s telephone communications and said the interception had enabled him to hear a conversation involving the national security adviser.
According to reports of the proceedings, the prosecution relied on statements from the interview as part of its evidence against El-Rufai. Adeyanju also testified about the former governor’s remarks during the programme.
The DSS subsequently brought charges linked to the alleged interception and related statements. El-Rufai has challenged the prosecution’s case through the legal process, including his application to be discharged without entering a defence.
The court’s latest decision means the allegations will proceed to the next stage rather than end with the no-case submission. When proceedings resume, the defence will have the opportunity to respond to the prosecution’s evidence and present its position before the court.
The November 25 hearing will therefore be significant to the progress of the case, although its outcome will depend on the proceedings and the evidence considered by the judge.
For now, the dismissal of El-Rufai’s application means only that the court considers a defence necessary at this stage. It does not settle the central question of whether the allegations have been proved.
The trial remains ongoing, and the court is yet to deliver a final judgment on the charges against the former Kaduna State governor.
