The Federal High Court sitting in Abuja has dismissed a no-case submission filed by former Kaduna State Governor, Mallam Nasir El-Rufai, ordering him to open his defence in an ongoing trial regarding the alleged unlawful interception of telecommunications involving National Security Adviser (NSA), Mallam Nuhu Ribadu.
In a ruling delivered on Monday, October 26, 2026, presiding judge Justice Joyce Abdulmalik held that the prosecution—led by the Department of State Services (DSS)—had established a prima facie case requiring the former governor to respond to the charges.
The court ruled that sufficient evidence had been adduced by the prosecution to warrant calling upon the defendant to state his case.
The ruling follows the conclusion of the prosecution’s evidence-in-chief, after which El-Rufai's legal team filed a no-case submission, arguing that the government failed to establish a credible case against him.
Dismissing the application, Justice Abdulmalik affirmed:
Prima Facie Establishment: The prosecution presented material evidence and witness testimony sufficient to require a formal defence.
Dismissal of Application: The no-case submission was declared lacking in merit and accordingly struck out.
Direct Order: El-Rufai, as the sole defendant in the suit, was directed to open his defence at the next adjourned date.
The criminal prosecution centers on allegations that the former governor participated in the unauthorized wiretapping and monitoring of private phone conversations involving senior federal officials, including NSA Nuhu Ribadu.
The ruling adds to a series of recent legal hurdles for El-Rufai:
CCTV Footage Clearance: Earlier in the week, the court granted the Independent Corrupt Practices and Other Related Offences Commission (ICPC) leave to play specific CCTV footage in a separate ₦10 billion legal dispute.
Rights Enforcement Dismissal: The court previously dismissed a ₦120 million fundamental rights enforcement suit instituted by El-Rufai against security and anti-graft agencies.
Following the court's order, the presiding judge adjourned the matter to November 25, 2026, for the defence to formally open its case.