The Federal High Court sitting in Abuja has fixed October 26 to deliver its ruling on an application filed by former Kaduna State Governor, Nasir El-Rufai, seeking to halt his trial over allegations bordering on unlawful interception of telephone communications.
El-Rufai, through his legal team led by Mr Paul Erokoro, SAN, urged the court to discharge him from the five-count amended charge filed against him by the Federal Government through the Department of State Services (DSS).
The former governor argued that the prosecution failed to establish a prima facie case requiring him to enter a defence, describing the charges as legally defective.
His lawyers therefore asked the court to uphold his no-case submission and terminate further proceedings.
However, the prosecution counsel, Mr Oluwole Aladedoye, SAN, opposed the application, urging the court to order El-Rufai to defend the allegations.
The prosecution argued that the evidence presented before the court, including oral and documentary evidence, was sufficient to link the defendant to the allegations.
After hearing arguments from both sides, Justice Joyce Abdulmalik adjourned the matter for ruling.
The Federal Government had earlier closed its case after presenting two witnesses before the court.
The former governor had previously applied for a review of his bail conditions, which he described as difficult to fulfil, but the court dismissed the request on July 23.
El-Rufai’s legal team had argued that the bail requirements, including the need to produce senior civil servants with properties in high-profile Abuja districts and verification letters from the Kaduna State traditional council, were excessive.
The prosecution opposed the request, maintaining that suitable persons capable of meeting the conditions were available.
In dismissing the application, Justice Abdulmalik held that the bail conditions were designed to guarantee the defendant’s attendance throughout the trial.
El-Rufai, who served as Kaduna State governor from 2015 to 2023 and previously served as Minister of the Federal Capital Territory, is facing charges linked to comments he made during an interview on Arise Television’s Prime Time programme.
The Federal Government alleged that during the interview, he admitted having knowledge of an individual who illegally intercepted the telephone conversations of the National Security Adviser, Nuhu Ribadu.
The prosecution also alleged that failure to report the interception breached relevant provisions of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.
El-Rufai has denied the allegations, arguing that comments made during a television discussion cannot be interpreted as a confession or admission of wrongdoing.
He maintained that his statement was made voluntarily during a public interview and did not meet the legal requirements for a confessional statement.
The former governor had filed a motion containing 17 grounds seeking to have the charge dismissed, arguing that the case lacked legal foundation.
The court, however, declined to strike out the charge and ordered that the matter proceed to hearing.
