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Former Kaduna State Governor, Nasir El-Rufai, is set to challenge the allegations against him through a no-case submission after the Department of State Services (DSS) formally closed its case in the ongoing wiretapping trial before the Federal High Court in Abuja.
The DSS is prosecuting El-Rufai on an amended five-count charge relating to the alleged unlawful interception of communications and actions considered detrimental to national security.
The charges stem from comments made by the former governor during a live interview on Arise Television in February, where he claimed to have intercepted a telephone conversation allegedly involving National Security Adviser Nuhu Ribadu. According to El-Rufai, the conversation revealed plans by security operatives to arrest him.
The DSS contends that the alleged interception and public disclosure of the communication violated Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, prompting the agency to initiate criminal proceedings against the former governor.
At Tuesday’s hearing, counsel for the DSS, Oluwole Aladedoye, informed the court that the prosecution had concluded the presentation of its evidence and would not be calling additional witnesses. The announcement officially marked the closure of the prosecution’s case.
In response, El-Rufai’s lead counsel, Paul Erokoro (SAN), notified the court of the defence’s intention to file a no-case submission, arguing that the prosecution had failed to establish sufficient evidence linking his client to the offences alleged in the charge.
A no-case submission is a legal procedure through which a defendant asks the court to dismiss charges on the grounds that the prosecution has not presented enough evidence to justify requiring the accused to enter a defence.
The defence requested two weeks to file the application, while the DSS sought an additional two weeks to prepare and file its response.
During the proceedings, El-Rufai’s legal team also applied for a review of the bail conditions earlier imposed by the court. The defence described the conditions as excessively stringent and difficult to satisfy.
Specifically, Erokoro challenged the requirement that the former governor provide sureties who are Level 17 civil servants and owners of property in Abuja’s high-profile Maitama or Asokoro districts. He also objected to the requirement for verification and attestation letters from the Kaduna State Traditional Council.
However, the DSS opposed the request, maintaining that qualified public officers who met the conditions were available and urging the court to retain the existing bail terms.
Delivering her ruling, Justice Joyce Abdulmalik dismissed the application for a variation of bail conditions. The judge held that there were civil servants capable of meeting the court’s requirements and found no compelling reason to alter the terms previously granted.
The court subsequently adjourned the matter until September 22, when arguments on the no-case submission are expected to commence.
The next stage of the proceedings will determine whether the court believes the DSS has established a prima facie case against El-Rufai or whether the charges should be dismissed without requiring him to open his defense .
