*Orders him to open defence
WorldStage– Federal High Court in Abuja, the Nigeria’s capital, has dismissed a no-case submission filed by former Kaduna State Governor, Mallam Nasir El-Rufai, and ordered him to open his defence in the ongoing trial brought against him by the Department of State Services (DSS).
Presiding judge Justice Joyce Abdulmalik gave the directive on Monday, October 26, 2026, after dismissing a “no-case submission” filed by El-Rufai’s legal team.
The former Kaduna governor is being tried over alleged unlawful interception of telephone communications.
El-Rufai had sought to be discharged and acquitted without opening a defence, arguing that the prosecution had failed to establish a prima facie case against him.
However, delivering her ruling, Justice Abdulmalik dismissed El-Rufai’s application for lacking in merit.
The judge held that the prosecution, led by the Department of State Services (DSS), had presented sufficient and substantial evidence to warrant calling upon the former governor to defend himself against the cybercrime and national security charges.
The high-profile trial stems from comments El-Rufai allegedly made during a live guest appearance on Arise News.
During the interview, the embattled former governor claimed he had obtained intelligence regarding plans to arrest him from an intercepted phone conversation involving the National Security Adviser (NSA), Malam Nuhu Ribadu.
Following his broadcasted claims, the DSS launched a full-scale investigation, leading to an amended five-count charge bordering on the breach of national security and the unlawful interception of communications.
Before closing its case, the prosecution called notable witnesses and tendered critical electronic evidence, including a flash drive containing the broadcasted interview and a certificate of compliance.
After the closure of the prosecution’s case—which included the presentation of witnesses, electronic evidence, and a replay of the controversial interview—El-Rufai’s lead counsel, Paul Erokoro (SAN), filed a no-case submission.
The defence argued that the state had failed to establish a baseline of evidence strong enough to warrant a formal response from the former governor.
Human rights activist Deji Adeyanju, testifying as the second prosecution witness, had confirmed to the court that he heard El-Rufai explicitly say, “we listened to the conversation of the NSA”.
This latest judicial blow comes exactly one week after Justice Sylvanus Oriji of the Federal Capital Territory High Court dismissed a ₦120 million fundamental rights enforcement suit that El-Rufai had instituted against the DSS and other federal anti-graft agencies.
With the dismissal of his no-case submission, the former two-term governor—who also previously served as the Minister of the Federal Capital Territory—is now expected to return to the Federal High Court, Abuja to open his formal defence and clear his name as the trial progresses.
El-Rufai must now choose whether to open his defence or rest his case on the evidence already before the court.
The case continues against the backdrop of separate legal developments involving the former governor.
The trial centers on an amended five-count charge filed by the DSS, bordering on the alleged unlawful interception of communication and a breach of national security. The charges stem from comments made by El-Rufai during a live television interview earlier in the year, in which he claimed to have intercepted a telephone conversation involving the National Security Adviser (NSA), Nuhu Ribadu.
Following the closure of the prosecution’s case—which included the presentation of witnesses, electronic evidence, and a replay of the controversial interview—El-Rufai’s lead counsel, Paul Erokoro (SAN), filed a no-case submission. The defence argued that the state had failed to establish a baseline of evidence strong enough to warrant a formal response from the former governor.
With the dismissal of the application, El-Rufai must now choose whether to open his defence or rest his case on the evidence already before the court.
The case continues against the backdrop of separate legal developments involving the former governor.
