Abuja court orders El-Rufai to defend himself in alleged phone-tapping case

The Federal High Court in Abuja has ordered former Kaduna State Governor Nasir El-Rufai to present his defence in the ongoing case over the alleged unlawful interception of telephone communications involving National Security Adviser Nuhu Ribadu.

Justice Joyce Abdulmalik gave the direction on Monday after dismissing an application by El-Rufai seeking to end the case without presenting a defence. The judge held that the prosecution had presented sufficient evidence for the trial to continue.

The case was instituted by the Department of State Services (DSS) following allegations surrounding the interception of Ribadu’s telephone communications. El-Rufai is the sole defendant in the case and has pleaded not guilty to the charges.

The court’s decision followed arguments from both the prosecution and the defence after the DSS concluded its presentation of evidence.

The case followed comments made by El-Rufai during an interview on Arise Television in February 2026, after a reported attempt by security operatives to arrest him at the Nnamdi Azikiwe International Airport in Abuja.

The former governor had returned from Cairo, Egypt, when the incident reportedly occurred. He subsequently alleged that Ribadu was behind the attempted arrest and said he became aware of an alleged instruction through an intercepted telephone conversation.

During the television interview, El-Rufai said someone had intercepted the NSA’s telephone communications, enabling him to hear a conversation that he claimed involved instructions to security operatives to arrest him.

The comments generated controversy and were followed by legal action from the DSS, which accused the former governor of offences relating to the alleged unlawful interception of communications.

The prosecution subsequently filed a five-count amended charge against him under relevant provisions of Nigeria’s cybercrime and communications laws.

During the trial, the DSS called two witnesses before closing its case.

One of the witnesses was a DSS operative, identified in court by the code name APC, who testified about the agency’s handling of the recording of El-Rufai’s television interview.

The prosecution also called lawyer and human rights activist Deji Adeyanju, who was present at the Arise Television studio during the interview.

Adeyanju testified about the statements made during the programme, and the court watched a recording of the interview. During his testimony, he said he heard El-Rufai state, “we listened to their calls”.

However, Adeyanju acknowledged during cross-examination that El-Rufai did not expressly say he had personally tapped Ribadu’s telephone.

After presenting its witnesses and documentary evidence, the prosecution closed its case and urged the court to require El-Rufai to respond to the allegations.

Following the prosecution’s presentation, El-Rufai’s legal team asked the court to dismiss the case, arguing that the evidence presented was insufficient to require him to defend himself.

The prosecution opposed the request. Its counsel, Oluwole Aladedoye, argued that the evidence before the court justified continuing the proceedings.

The prosecution specifically drew the judge’s attention to a document identified as Exhibit B, which it claimed contained an alleged admission by El-Rufai concerning the interception of Ribadu’s telephone communications.

The defence maintained its position that the prosecution had not established sufficient grounds to compel the former governor to enter a defence.

After considering the arguments, Justice Abdulmalik rejected El-Rufai’s application and directed him to present his defence if he chooses to do so.

The court has adjourned the matter until November 25, 2026, for further proceedings.