Federal High Court orders former Kaduna governor Nasir El‑Rufai to enter defence in phone‑tapping trial

A Federal High Court in Abuja has ruled that former Kaduna State governor Nasir El‑Rufai must enter a defence in a criminal trial concerning alleged unlawful interception of telephone communications belonging to National Security Adviser Nuhu Ribadu. Justice Joyce Abdulmalik dismissed El‑Rufai's no‑case submission, concluding that the prosecution presented sufficient oral and documentary evidence to require a response. The court adjourned the matter until 25 November 2026 for the former governor to present his defence.

El‑Rufai, who served as Kaduna governor from 2015 to 2023 and previously as Minister of the Federal Capital Territory, faced a five‑count amended charge brought by the Department of State Services (DSS). The charges stem from comments he made during a February 13 appearance on Arise Television, where he allegedly admitted knowledge of, and association with, an individual who intercepted the NSA’s calls. The prosecution argues that his statements breach Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, and that he failed to report the crime to security agencies.

Background

The case originated after the Federal Government closed its investigation following testimony from two prosecution witnesses, prompting El‑Rufai to file a no‑case submission seeking discharge and acquittal. His counsel, Paul Erokoro, argued that the evidence was insufficient to compel a defence. The prosecution, represented by Oluwole Aladedoye, countered that the evidence met the threshold for a prima facie case. Justice Abdulmalik, presiding over the Federal High Court, found the prosecution's evidence adequate, thereby rejecting the no‑case submission. The trial follows earlier incidents, including El‑Rufai’s claim of an attempted abduction by DSS operatives at Nnamdi Azikiwe International Airport on 12 February 2026, which he linked to directives from the Independent Corrupt Practices Commission.

Why it matters

The ruling has significant implications for Nigeria’s security and legal landscape. If convicted, El‑Rufai could face penalties under the 2024 Cybercrimes Act, highlighting the government’s stance on protecting national security communications. The case also underscores the DSS’s authority to pursue high‑profile figures for alleged breaches of security protocols. Public reaction has been divided, with some viewing the decision as a necessary enforcement of law, while supporters of El‑Rufai question the strength of the prosecution’s evidence. The outcome may influence future handling of whistle‑blower claims and the political climate surrounding former office‑holders.

What happens next

El‑Rufai is required to submit his defence by the court‑set date of 25 November 2026. Following his defence, the court will schedule further hearings to determine whether the evidence satisfies the burden of proof for conviction. Both prosecution and defence are expected to present additional witnesses and documentary material during the subsequent phases of the trial. The decision will ultimately rest on the court’s assessment of whether the alleged phone‑tapping constituted a breach of the Cybercrimes Act and whether El‑Rufai’s conduct warranted criminal liability.