Court Dismisses El-Rufai’s No-Case Submission in DSS Phone Interception Trial
The Federal High Court in Abuja has dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai in his trial over the alleged interception of the phone communications of National Security Adviser Nuhu Ribadu.
Justice Joyce Abdulmalik dismissed the application on Monday, October 26, 2026, ruling that the Department of State Services (DSS) had presented sufficient evidence to require the former governor to enter his defence.
The judge agreed with the prosecution that a prima facie case had been established against El-Rufai, meaning there was sufficient evidence for the trial to proceed and for him to respond to the allegations.
Justice Abdulmalik subsequently ordered El-Rufai to open his defence and adjourned the case until November 25, 2026.
The ruling does not amount to a conviction, as the former governor will have the opportunity to present his defence against the charges.
Why the DSS Is Prosecuting El-Rufai
The DSS filed a three-count charge against El-Rufai on February 16, 2026, accusing him of offences relating to the alleged unlawful interception of Ribadu’s phone communications.
According to the charges, the allegations stemmed partly from comments El-Rufai allegedly made during an appearance on Arise News’ Prime Time programme in Abuja on February 13, 2026.
In the first count, the DSS accused the former governor of admitting during the interview that he and his associates had unlawfully intercepted the National Security Adviser’s phone communications.
The agency cited Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, as the legal provision under which the alleged offence is punishable.
In the second count, El-Rufai was accused of saying he knew and had dealings with individuals who allegedly intercepted Ribadu’s communications but failed to report them to the appropriate security agencies.
The prosecution cited Section 27(b) of the same Act in connection with that allegation.
The third count accused El-Rufai and other individuals still at large of using technical equipment or systems to compromise public safety and national security through the alleged interception.
The DSS said the alleged conduct created a reasonable apprehension of insecurity among Nigerians. The charge was brought under Section 131(2) of the Nigerian Communications Act, 2003.
El-Rufai has denied the charges.
Presidency Reacted After Television Interview
The case attracted public attention following El-Rufai’s interview on Arise News, during which the issue of alleged phone tapping was discussed.
During the programme, the interviewer, Charles Aniagolu, reportedly pointed out that phone tapping was illegal.
The Presidency subsequently accused El-Rufai of allegedly admitting on national television that someone had intercepted the National Security Adviser’s phone communications, allowing him to listen to the conversation.
The allegations are now before the court, where El-Rufai is expected to present his defence following Monday’s ruling.
El-Rufai Faces Separate ICPC Case
Apart from the DSS prosecution, the former Kaduna governor is also facing a separate case instituted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The next hearing in the DSS phone interception case is scheduled for November 25, when El-Rufai is expected to begin presenting his defence.
