The State Security Service has asked the Federal High Court in Abuja to dismiss a no-case submission filed by former Kaduna State Governor Nasir El-Rufai in his trial over the alleged interception of telephone communications involving the National Security Adviser, Nuhu Ribadu.
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The prosecution urged the court to hold that it had presented sufficient evidence requiring El-Rufai to enter a defence against the five-count amended charge filed against him.
El-Rufai is being prosecuted over allegations that he and others unlawfully intercepted communications involving Ribadu and subsequently made public statements about the purported interception.
He pleaded not guilty to the charges, which also include allegations of conduct amounting to a breach of national security.
At Tuesday’s proceedings, counsel to the SSS, Oluwole Aladedoye, SAN, urged Justice Joyce Abdulmalik to reject El-Rufai’s argument that the prosecution had failed to establish a prima facie case against him.
Aladedoye argued that the defence had failed to adequately address Exhibit B, which contains a recording of the televised interview relied upon by the prosecution.
According to the senior lawyer, the recorded statement allegedly made by El-Rufai during the interview constituted an admission that required an explanation from him.
The prosecutor argued that the defence avoided dealing with the substance of the exhibit while presenting its no-case submission.
“If they had adverted to it, they wouldn’t make the no-case submission, so I urge my Lord to invite the defendant to open his case,” Aladedoye said.
Counsel to El-Rufai, Akinyemi Aremu, adopted the former governor’s no-case submission and urged the court to discharge him without requiring him to present a defence.
Aremu argued that the evidence presented by the prosecution did not establish a prima facie case against the former governor and could not sustain the charges.
At the commencement of proceedings, Aremu informed the court that the defence team was led by Paul Erokoro, SAN, and requested that the matter be stood down because the senior lawyer was still on his way to court.
Justice Abdulmalik refused the request, saying, “I do not do stand-downs,” and directed Aremu to proceed with the defence’s arguments.
After hearing the parties, the judge adjourned the case until October 26, 2026, to rule on whether El-Rufai should be discharged at the close of the prosecution’s case or directed to enter a defence.
The outcome will determine whether the trial ends at the prosecution stage or proceeds to the defence stage.
The SSS had closed its case in June after presenting two witnesses and tendering electronic evidence, including a recording of the television interview during which El-Rufai allegedly said, “We listened to the conversations of the NSA.”
One of the prosecution witnesses was human-rights lawyer Deji Adeyanju, who testified about the statement allegedly made by the former governor during the interview.
During cross-examination, Adeyanju acknowledged that he did not hear El-Rufai expressly say that he personally hacked Ribadu’s telephone.
He, however, maintained that he heard the former governor say that “we listened to the conversations of the NSA.”
The court also viewed the televised interview relied upon by the prosecution.
Another prosecution witness reportedly testified that Ribadu confirmed that the conversation referred to by El-Rufai had taken place.
Following the closure of the prosecution’s case, El-Rufai elected to file a no-case submission instead of immediately opening his defence.
A no-case submission asks a trial court to terminate criminal proceedings at the close of the prosecution’s case on the ground that no legally sufficient evidence has been presented linking the defendant to the alleged offences.
If the application succeeds, El-Rufai may be discharged without being required to call witnesses or testify. If it is dismissed, he will be directed to open his defence.
The former governor remains on N100 million bail after the court previously refused his application to vary the conditions attached to the bail.
Five alternative searchable headlines:
- “Alleged Ribadu Phone-Tapping: SSS Asks Court To Compel El-Rufai To Enter Defence” — Ruling Fixed For October 26
- “El-Rufai Cannot Avoid His Recorded Admission” — SSS Urges Court To Reject No-Case Submission
- “We Listened To NSA’s Conversations: SSS Relies On El-Rufai’s TV Interview To Sustain Trial” — Court Reserves Ruling
- “Alleged National Security Breach: El-Rufai Seeks Discharge As SSS Insists He Has A Case To Answer” — Court
- “El-Rufai’s Fate Hangs On October 26 Ruling In Alleged NSA Wiretapping Trial” — SSS Opposes Discharge Bid
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