ALLEGED WIRETAPPING: FEDERAL HIGH COURT DISMISSES EL-RUFAI'S NO-CASE SUBMISSION, ORDERS HIM TO ENTER DEFENCE

By Michael Obinna Ochili, Esq. | Legal Diary News

The Federal High Court sitting in Abuja has dismissed a no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, in his ongoing criminal trial concerning the alleged unlawful interception of telephone communications involving the National Security Adviser, Nuhu Ribadu.

Delivering her ruling on 26 October 2026, Justice Joyce Abdulmalik held that the prosecution had presented sufficient evidence to require the former governor to enter his defence.

El-Rufai is standing trial on an amended five-count charge instituted by the Department of State Services (DSS).

The allegations arose from statements reportedly made during a television interview concerning the interception of telephone communications involving the National Security Adviser.

Following the conclusion of the prosecution's case, the defence filed a no-case submission, arguing that the prosecution had failed to establish a prima facie case requiring the defendant to respond.

However, the prosecution opposed the application, maintaining that the evidence presented was sufficient to justify continuation of the trial.

Justice Abdulmalik agreed with the prosecution and dismissed the application.

The court subsequently adjourned proceedings until 25 November 2026 for the defendant to open his defence.

Legal Implications

A no-case submission challenges the sufficiency of the prosecution's evidence at the close of its case.

Where the court finds that the prosecution has established a prima facie case, the defendant may be called upon to enter a defence.

However, dismissal of a no-case submission does not amount to a conviction.

The prosecution retains the burden of proving the criminal allegations beyond reasonable doubt.

Reporter's Analysis

The ruling illustrates the distinction between establishing a prima facie case and proving criminal liability.

It also highlights the increasing importance of cybersecurity legislation and the protection of electronic communications in Nigeria.

As digital communication becomes central to governance and public administration, the enforcement of laws regulating unauthorised interception must remain consistent with constitutional safeguards and the presumption of innocence.

Reporter: Michael Obinna Ochili, Esq.
Legal Diary News

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