
The Federal High Court sitting in Abuja on Monday dismissed a no-case submission filed by former Governor of Kaduna state, Mallam Nasir El-Rufai in his ongoing trial over alleged unlawful interception of the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu.
The trial judge, Justice Joyce Abdulmalik, in a ruling on the no-case-submission held that the Department of State Services (DSS) had placed before the court sufficient evidence to warrant the court to call on the former governor to enter his defence if he so desires.
The judge, therefore, ordered El-Rufai, the sole defendant in the charge, to enter his defence.
El-Rufai had opted for a no-case submission after the DSS closed its case by calling two witnesses.
The former governor had, through his counsel, Akinyemi Aremu urged the court to hold that the prosecution had failed to establish a case requiring him to enter a defence.
In response, the DSS lawyer, Oluwole Aladedoye, SAN, adopted their counter affidavit in opposition to the no-case submission.
Aladedoye argued that the defence failed to address Exhibit “B”, which the prosecution said contained El-Rufai’s alleged admission concerning the tapping of Ribadu’s phone.
He submitted that since the prosecution had established a prima facie case against El-Rufai, the defendant was required by law to enter his defence.
El-Rufai was docked by the DSS on behalf of the federal government on a five-count amended charge, marked, FHC/ABJ/CR/99/2026.
The former governor however denied all the allegations levelled against him by the federal government when the charges were read out to him in the court.
Count one of the charges against the former governor reads, “That you, Malam Nasir EI Rufai, adult, male, intentionally and unlawfully
interfered with the communication of the National Security Adviser (NSA), Nuhu Ribadu, which constitutes Critical National Information Infrastructure (CNI) as
contained in designation and protection of Critical National Information Infrastructure Order, 2024 gazetted as Statutory Instrument No. 21 of 2024, as
admitted by you on 13th February, 2026 while appearing as a guest on Arise TV station’s prime time programme in Abuja, within the jurisdiction of this
Honourable Court and thereby committed an offence contrary to Paragraph 7 (b) & (c) of the Designation and Protection of Critical National Information
Infrastructure Order, 2024 and punishable under Section 5 (1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
Count two reads, “That you, Mallam Nasir El Rufai, adult, male, without authorization, intentionally
secured access to classified information by the National Security Adviser, Nuhu
Ribadu, ordering your arrest and detention on 12th of February, 2026, as admitted by you on 13th February, 2026, while appearing as a guest on Arise TV station’s
prime time programme in Abuja, within the jurisdiction of this Honourable Court, and thereby committed an offence contrary to and punishable under Section 6 (2)
of the Cybererimes (Prohibition, Prevention, etc) Amendment Act, 2024.
In count three, the former governor was accused of intentionally and without authorization, intercepted the communications of the NSA, which he admitted on 13th February, 2026, while appearing as a guest on a programme on Arise TV station in Abuja, thereby committed an offence contrary
to and punishable under Section 12 (1) of the Cybererimes (Prohibition,
Prevention, etc) Amendment Act, 2024.
In count four, El Rufai was accused to have aided, abetted, procured and/or related with certain individual, who unlawfully intercepted the communications
of Nuhu Ribadu, without reporting the said individual to relevant security agencies, as admitted by him on 13th February, 2026, while appearing as a guest on Arise TV Station.
The federal government accused
El Rufai in count five of using technical equipment or systems which compromised public safety, national security and
instilling reasonable apprehension of insecurity among Nigerians by unlawfully intercepting the communications of the NSA, which he admitted during an interview on Arise TV station’s prime time Programme in Abuja.
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