Alleged phone tapping: El-Rufai asks court to throw out DSS case

Former Kaduna State Governor El-Rufai

A Federal High Court in Abuja has reserved ruling on a no-case submission filed by former Kaduna State Governor, Mallam Nasir El-Rufai, in the alleged wiretapping case brought against him by the Department of State Services (DSS).

Justice Joyce Abdullmalik fixed October 26, 2026, to deliver the ruling after hearing arguments from both the prosecution and the defence on Tuesday.

The DSS had filed an amended five-count charge against El-Rufai following comments he made during an Arise TV interview on February 13, 2026. During the interview, the former governor claimed that some of his associates had listened to the telephone conversations of the National Security Adviser (NSA), Nuhu Ribadu.

According to the secret police, the alleged actions violated provisions of the Cybercrimes Act and the Nigerian Communications laws.

At the resumed hearing, El-Rufai’s lead counsel, Paul Erokoro (SAN), informed the court that the defence filed a no-case submission on August 26, 2026, asking the court to dismiss the charges.

Representing Erokoro, A. K. Ekere urged the court to discharge the former governor, arguing that the prosecution had failed to establish a prima facie case that would require El-Rufai to open his defence. He also asked the court to award costs against the DSS.

In response, counsel to the DSS, Oluwole Aladedoye (SAN), said the prosecution had filed its reply to the no-case application on September 6, 2026.

Aladedoye urged the court to reject the application and direct El-Rufai to enter his defence. He argued that the prosecution had presented sufficient evidence before the court, including what he described as the former governor’s confession, which he said established a case against the defendant.

After listening to submissions from both parties, Justice Abdullmalik adjourned the matter until October 26, 2026, when the court will rule on the no-case application