“Casual Remark Or Confession?” — El-Rufai Fights To Kill Phone-Tapping Trial As Court Sets October 26 For Crucial Ruling
By Passman Akpos
The Federal High Court in Abuja has fixed October 26, 2026, to rule on a no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, seeking to terminate his trial over allegations that he unlawfully intercepted the telephone communications of National Security Adviser, Nuhu Ribadu.
El-Rufai, through his legal team led by Paul Erokoro, SAN, urged the court to discharge and acquit him of the five-count amended charge filed against him by the Federal Government through the Department of State Services (DSS).
The former governor argued that the prosecution had failed to establish a prima facie case requiring him to enter a defence.
According to his lawyers, the charge is incompetent and legally defective, while the prosecution’s evidence is insufficient to sustain the allegations against him.
El-Rufai therefore urged Justice Joyce Abdulmalik to uphold his no-case submission and terminate further proceedings.
However, prosecution counsel, Oluwole Aladedoye, SAN, opposed the application and urged the court to order El-Rufai to open his defence.
Aladedoye argued that the oral and documentary evidence presented before the court was sufficient to connect the former governor to the allegations contained in the charge.
After hearing arguments from both sides, Justice Abdulmalik adjourned the matter until October 26 for ruling.
The Federal Government had earlier closed its case after calling two witnesses.
THE BATTLE OVER THE ALLEGED PHONE INTERCEPTION
The case stems from comments El-Rufai made during an appearance on Arise Television’s Prime Time programme in February 2026.
During the interview, the former governor discussed an alleged attempt by security operatives to detain him following his return to Nigeria from Cairo.
El-Rufai claimed that he had received information concerning alleged plans involving security agencies and said the information came from a person who had listened to telephone conversations involving the NSA.
The DSS subsequently accused him of unlawfully intercepting Ribadu’s telephone communications and of failing to report the alleged offence to the relevant authorities.
The allegations were brought under provisions of Nigeria’s cybercrime legislation.
El-Rufai has pleaded not guilty to the charges.
WHY EL-RUFAI WANTS THE CASE STOPPED
In his no-case submission, El-Rufai gave several reasons why he believes the charge should be dismissed.
His lawyers argued that the statements he made during the television interview could not legally be treated as a confession to phone interception.
They maintained that a casual statement made during a public television discussion should not automatically be elevated into a judicial confession.
The defence further argued that El-Rufai was not under caution or interrogation when he made the comments and that the circumstances surrounding the interview did not satisfy the legal requirements for treating the statement as a confession.
“A casual remark on a television programme cannot be elevated to a judicial confession,” the former governor argued.
The defence consequently asked the court to discharge and acquit him without requiring him to open a defence.
FG DISAGREES
The Federal Government has rejected El-Rufai’s position.
The prosecution maintains that the evidence already presented before the court is sufficient to establish a case requiring the former governor to respond.
The prosecution therefore wants the court to dismiss the no-case submission and direct El-Rufai to defend himself.
The court’s October 26 ruling will determine whether the former governor proceeds to open his defence or whether the case ends at the no-case stage.
EARLIER BAIL BATTLE
The latest development comes after El-Rufai’s earlier unsuccessful attempt to secure a variation of his bail conditions.
The former governor had complained that some of the conditions were too stringent and difficult to fulfil.
Among the conditions cited by his lawyers was a requirement involving senior civil servants and property owners in areas including Maitama or Asokoro.
The prosecution opposed the application, arguing that qualified sureties could be secured.
Justice Abdulmalik subsequently declined to vary the conditions, holding that the bail requirements were intended to ensure El-Rufai’s attendance throughout the trial.
WHAT HAPPENS ON OCTOBER 26?
The central question before the court is whether the prosecution’s evidence has established a case requiring El-Rufai to defend himself.
If the court upholds the no-case submission, the former governor could be discharged at that stage.
If the court rejects the application, El-Rufai would be required to proceed with his defence against the five-count amended charge.
All eyes are now on October 26 as the court prepares to determine the next major direction of the high-profile case.
