The Department of State Services has formally closed its case against former Kaduna State Governor Nasir El-Rufai in the alleged wiretapping trial at the Federal High Court in Abuja. Prosecution counsel Oluwole Aladedoye announced on Tuesday that no further witnesses would be called. The move paves the way for El-Rufai’s legal team to file a no-case submission.
El-Rufai’s lead counsel Paul Erokoro told the court the prosecution failed to establish a prima facie case. He argued the evidence presented did not justify calling the former governor to enter a defence. Erokoro requested two weeks to file the no-case submission. The prosecution did not oppose the request but sought additional time to respond. Justice Joyce Abdulmalik adjourned proceedings to September 22 for the filing and adoption of the submission.
The court also rejected a defence application to relax El-Rufai’s bail conditions. The conditions require sureties who are Level 17 civil servants with landed properties in Abuja’s Maitama or Asokoro districts. The defence described the requirements as excessively stringent and impractical. They specifically objected to the need for verification letters from the Kaduna State Traditional Council. The prosecution opposed the variation, insisting qualified sureties exist. Justice Abdulmalik ruled the conditions would remain unchanged.
The case stems from a five-count amended charge filed by the DSS. It alleges El-Rufai unlawfully intercepted telephone conversations linked to National Security Adviser Nuhu Ribadu. The charges reference remarks El-Rufai made during an Arise TV interview. He claimed unidentified individuals had wiretapped Ribadu’s phone, enabling him to overhear communications about his planned arrest. The DSS contends the interception violated cybercrime laws.
The legal battle exposes deeper institutional tensions between state governors and federal security agencies. El-Rufai’s tenure as Kaduna governor was marked by frequent clashes with federal authorities over security policies and resource control. His public criticism of the NSA’s office during the interview escalated the conflict. Legal analysts note the case could set a precedent for how cybercrime laws are applied to public officials who disclose intercepted communications.
The stringent bail conditions reflect the court’s perception of flight risk. El-Rufai holds dual citizenship in Nigeria and the United Kingdom. His international connections and financial resources amplify concerns about potential evasion. The requirement for sureties with properties in exclusive Abuja districts underscores the court’s intent to ensure robust guarantees. The defence’s argument about the impracticality of Kaduna Traditional Council verification letters highlights the logistical challenges of meeting such conditions.
The no-case submission strategy signals the defence’s confidence in dismantling the prosecution’s evidence. Legal experts anticipate a rigorous examination of the DSS’s investigative methods. The agency’s reliance on digital forensics and witness testimonies will face scrutiny. If successful, the submission could lead to an outright dismissal of charges. Failure would compel El-Rufai to present his defence, prolonging the trial and intensifying public scrutiny of his political future.
The case also intersects with broader national security debates. The alleged wiretapping of a high-ranking official raises questions about surveillance practices within Nigeria’s intelligence community. Civil society groups have called for transparency in how such cases are investigated. The outcome could influence public trust in security agencies and their accountability mechanisms. El-Rufai’s legal team has framed the trial as politically motivated, a narrative that resonates with his supporters amid ongoing regional power struggles.
