The Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai in his trial over allegations involving the unlawful interception of telephone communications belonging to National Security Adviser Nuhu Ribadu.
Justice Joyce Abdulmalik delivered the ruling on Monday, October 26, 2026, directing the former governor to proceed with his defence after finding that the prosecution had presented sufficient evidence to require a response.
The case was brought by the Department of State Services (DSS), which accused El-Rufai of involvement in the alleged interception of Ribadu’s telephone communications.
Court Orders El-Rufai to Enter Defence
In her ruling, Justice Abdulmalik held that the evidence presented by the DSS was sufficient at this stage of the proceedings to require the defendant to answer the allegations.
The judge consequently rejected El-Rufai’s application seeking to end the case without presenting a defence.
The ruling followed the conclusion of the prosecution’s case, during which the DSS called two witnesses to testify before the court.
El-Rufai, who is the only defendant named in the charge, had challenged the strength of the prosecution’s evidence rather than immediately opening his defence.
Why El-Rufai Filed a No-Case Submission
Through his lawyer, Akinyemi Aremu, the former governor argued that the prosecution had not established sufficient grounds to require him to defend the allegations.
His legal team asked the court to find that the evidence presented by the DSS failed to establish a case requiring an answer.
A no-case submission allows a defendant to challenge the prosecution’s evidence after it has closed its case.
If successful, the application can bring the trial to an end without the defendant being required to present evidence.
However, the court’s rejection of such an application does not amount to a finding of guilt.
DSS Cites Alleged Admission in Evidence
Opposing El-Rufai’s application, the prosecution lawyer, Oluwole Aladedoye, SAN, maintained that the DSS had established a case requiring the former governor to respond.
Aladedoye relied on the prosecution’s written response and argued that the defence had not adequately addressed Exhibit B, a document tendered during the proceedings.
According to the prosecution, the exhibit contained an alleged admission by El-Rufai relating to the interception of Ribadu’s telephone communications.
The DSS lawyer argued that the evidence presented to the court met the legal threshold for the defendant to be called upon to enter his defence.
Justice Abdulmalik subsequently dismissed the no-case submission and directed that the trial proceed.
What Happens Next in El-Rufai’s Trial?
Following the ruling, El-Rufai will have the opportunity to present his defence in accordance with the court’s directions and applicable criminal procedure.
The prosecution must still prove the allegations to the standard required in a criminal trial.
The court has not convicted El-Rufai, and the ruling does not establish that he unlawfully intercepted the National Security Adviser’s communications.
Further proceedings are expected to determine how the defence responds to the evidence already presented.
The News Agency of Nigeria reported the ruling on Monday, with additional details of the proceedings expected.
