The Federal High Court in Abuja has fixed October 26 to rule on a motion seeking to end the El-Rufai phone-tapping trial involving former Kaduna State Governor Nasir El-Rufai.
El-Rufai, through his lead counsel, Paul Erokoro, SAN, is asking the court to discharge and acquit him on the five-count amended charge filed by the Federal Government through the Department of State Services.
The former governor argued that the prosecution had failed to establish a prima facie case requiring him to enter a defence.
He therefore urged Justice Joyce Abdulmalik to uphold his no-case submission and terminate further proceedings.
However, prosecution counsel Oluwole Aladedoye, SAN, asked the court to dismiss the application and direct El-Rufai to begin his defence.
Aladedoye argued that the oral and documentary evidence presented before the court was sufficient to connect the defendant with the allegations.
After hearing arguments from both sides, Justice Abdulmalik adjourned the matter for ruling on October 26.
The Federal Government had earlier closed its case after calling two witnesses.
The development comes after the court rejected El-Rufai’s application seeking a variation of his bail conditions.
On July 23, Justice Abdulmalik ruled that there was no basis to alter the conditions, which El-Rufai had described as stringent and difficult to fulfil.
His lawyers had particularly challenged requirements that he produce Level 17 civil servants with properties in Maitama or Asokoro, alongside verification and attestation letters from the Kaduna State traditional council.
The prosecution opposed the request, arguing that public officers capable of meeting the conditions were available to the defendant.
Justice Abdulmalik subsequently upheld the original conditions, saying they were intended to ensure El-Rufai’s attendance at trial.
The El-Rufai phone-tapping trial arose from comments the former governor made during an appearance on Arise Television’s Prime Time programme on February 13.
The prosecution alleges that El-Rufai admitted knowing and being associated with an individual who illegally intercepted the telephone communications of National Security Adviser Nuhu Ribadu.
He is also accused of failing to report the alleged interception to the relevant security authorities.
The Federal Government says the alleged conduct breached national security and public safety under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
El-Rufai has consistently disputed the basis of the case.
He argued that the statement he made during the television interview was a casual remark rather than a legally admissible confession.
According to him, a confession must be made voluntarily under circumstances that satisfy the applicable legal safeguards, including cautioning of the suspect.
He maintained that his comments were made during a public television discussion without caution or warning and could not legally be treated as a confession.
“A casual remark on a television programme cannot be elevated to a judicial confession,” he argued.
The former governor previously filed a motion supported by 17 grounds seeking to have the charge, marked FHC/ABJ/CR/99/2026, quashed.
The court, however, declined to strike out the charge and instead ordered an accelerated hearing.
El-Rufai served as Kaduna State governor from 2015 to 2023 and previously served as Minister of the Federal Capital Territory under former President Olusegun Obasanjo.
