The Federal High Court in Abuja has ruled on Monday that the State Security Service (SSS) had presented sufficient evidence to require Nasir El-Rufai, former Kaduna State Governor to enter his defence, if he chooses, declaring that he has case to answer in phone-tapping trial
Penpushing reports that the Joyce Abdulmalik, dismissed the no-case submission filed by El-Rufai in his trial on charges of unlawful interception of the telephone communications of National Security Adviser (NSA) Nuhu Ribadu.
The judge consequently ordered the former governor, the sole defendant in the case, to enter a defence, while a defendant who fails to enter a defence risk leaving the judge with no option but to foreclose the defence.
Penpushing further reports that in that situation, the judge may determine the defendant’s guilt or innocence solely on the strength of the evidence the prosecution presented, however, El-Rufai, through his lawyer, Akinyemi Aremu, had urged the court to hold that the prosecution failed to establish a case against him to require him to enter defence.
The State Security Service (SSS) lawyer, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), opposed the submission and argued that the defence failed to address Exhibit B, which the prosecution said contained El-Rufai’s alleged admission concerning the interception of Ribadu’s telephone communications.
Penpushing also reports that El-Rufai, who has been in the custody of the Independent Corrupt Practices and other related offences Commission (ICPC) since February, maintained that the prosecution had established a prima facie case against the former governor.
The State Security Service (SSS) filed the charges against El-Rufai following comments he made during an interview on a television in the aftermath of a failed attempt to arrest him at the Abuja airport upon his return to Nigeria from a foreign trip in February.
Penpushing reports that it would be recalled that the State Security Service (SSS) operatives attempted to arrest El-Rufai on February 12, 2026, following his arrival from Cairo, Egypt, while the arrest was unsuccessful, the security operatives seized the former governor’s passport.
The following day, El-Rufai alleged during a live interview on television programme, that Ribadu was behind the alleged attempt to arrest him at the Nnamdi Azikiwe International Airport, Abuja.
Penpushing further reports that he stated that he knew Ribadu ordered his arrest from listening to a wire-tapped phone call made by Ribadu instructing security operatives to carry out his arrest.
The State Security Service (SSS) following the interview, charged him with five counts relating to the alleged unlawful interception of telephone communications and other offences under the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act 2024 and the Nigerian Communications Act 2003.
Penpushing also reports that the former Governor pleaded not guilty to the charges when he was arraigned in April, while the prosecution called two witnesses before closing its case in June.
The first witness, a State Security Service (SSS) operative identified in court by the code name APC, testified about the agency’s monitoring and preservation of the recording of El-Rufai’s television interview.
Penpushing reports that the prosecution equally called lawyer and human rights activist Deji Adeyanju, who testified about the interview, and told the court that he was at the television studio in Abuja when El-Rufai gave the interview.
The court also watched a recording of the programme, and Adeyanju during his testimony, confirmed that the recording reflected what he witnessed during the interview, and under cross-examination, he told the court that he heard El-Rufai say, “we listened to their calls”.
Penpushing further reports that Adeyanju acknowledged that El-Rufai did not expressly say that he had personally tapped the National Security Adviser (NSA’s) telephone, and after presenting the witnesses and its evidence, the prosecution informed the court that it would not call any additional witnesses and closed its case.
The defence following the prosecution’s closure of its case, indicated that it would file a no-case submission, asking the court to dismiss the charges without the need for El-Rufai to enter defence.
Penpushing also reports that a no-case submission asks a court to discharge a defendant on the ground that the prosecution has not presented sufficient evidence to warrant a defence, however, the prosecution, opposed the application, insisting that its evidence was sufficient to require him to answer the allegations.
The former Governor is facing corruption charges instituted against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) before two separate courts in Kaduna over his activities during his eight years as governor, while he is also pursuing different human rights enforcement cases which arose from the actions of the commission concerning him and his family members since his detention by the commission in February, while he recently lost two of the cases.
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