ABUJA, NIGERIA — The Federal High Court sitting in Abuja has ordered the former governor of Kaduna State, Mallam Nasir El-Rufai, to open his defense in his ongoing criminal trial concerning the unauthorized interception of telecommunications.
Presiding Judge Joyce Abdulmalik formally rejected El-Rufai’s "no-case submission," establishing that the federal prosecution has produced a prima facie case that requires a formal response from the defense.
Chronology of the Case
The judicial conflict stems from an interview broadcast on February 13, 2026, during the "Prime Time" program on Arise Television. During the session, El-Rufai publicly asserted that an unnamed third party had wiretapped the phone lines of National Security Adviser Nuhu Ribadu.
The former governor stated that he was subsequently able to listen to audio recordings wherein the NSA allegedly directed security agencies to execute El-Rufai's arrest.
Following these televised declarations, the State Security Service (SSS/DSS) initiated criminal proceedings under charge sheet FHC/ABJ/CR/99/2026. The state subsequently expanded the initial accusations into a five-count amended charge, citing explicit violations of Section 12(1) of the Cybercrimes Act 2024 and Section 131(2) of the Nigerian Communications Act 2003.
The Prosecution’s Arguments and the Defense's Failed Counter
The DSS closed its primary case after presenting two witnesses and submitting the televised interview as key evidence. According to testimonies recorded during the trial, a DSS investigator confirmed that while El-Rufai admitted to listening to the recordings on national television, he did not explicitly state that he personally engineered the hack on the NSA's device.
A separate witness testified that Ribadu verified the intercepted conversations had indeed taken place. In response, El-Rufai's legal team, spearheaded by Paul Erokoro, SAN, filed a no-case submission. The defense maintained that:
- The charges lack substance: A casual remark during a media broadcast cannot be legally elevated into an absolute confession of technical hacking.
- Evidentiary deficiency exists: The state failed to show any forensic or digital evidence indicating that El-Rufai deployed technical apparatus or systems to breach public safety or national communication lines.
The Court's Ruling
In her judicial determination, Justice Abdulmalik ruled that the threshold for a no-case submission had not been met by the defense. She emphasized that the prosecution provided an adequate baseline of evidence to demonstrate a case to answer, clarifying that this procedural stage is not a final conviction but an invitation for the accused to offer an explanation.
The court also upheld the stringent ₦100 million bail conditions originally applied to the former governor in May 2026, rejecting alternative variation requests. The case has been formally adjourned until November 25, 2026, at which point El-Rufai is expected to present his defense.
In a separate event before the court proceedings, the former Kaduna State Governor Mallam Nasir El-Rufai was captured kissing his wife in the court; what a lovely couple. The video scene was captured by Channels Television's media crew who were present in the court.
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