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 brought against him by the Department of State Services (DSS).
The judge reserved ruling after hearing arguments from the defence and the DSS on the application.
While adopting the no-case submission, counsel to El-Rufai, Paul Erokoro (SAN), urged the court to hold that the prosecution had failed to establish a prima facie case requiring his client to enter a defence.
In response, counsel to the DSS, Oluwole Aladedoye (SAN), adopted the service’s counter to the application and urged the court to dismiss the no-case submission and order El-Rufai to enter his defence.
Aladedoye argued that the defence had failed to adequately address Exhibit B, which the prosecution said contained an alleged admission by El-Rufai concerning the interception of Ribadu’s telephone communications.
After hearing both sides, Justice Abdulmalik adjourned the case 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 National Security Adviser Nuhu Ribadu.
During the proceedings, the court also viewed 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 say that he hacked Ribadu’s phone, he heard him make the statement about listening to the NSA’s conversations.
El-Rufai is facing an amended five-count charge over 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 request to vary the bail conditions.