
The Federal High Court in Abuja on Monday dismissed a no-case submission filed by former Kaduna State Governor Nasir El-Rufai in his ongoing trial over the alleged unlawful interception of the telephone communications of National Security Adviser (NSA), Nuhu Ribadu.
Justice Joyce Abdulmalik, in her ruling, held that the Department of State Services (DSS) had presented sufficient evidence to require El-Rufai to enter his defence, if he chooses to do so.
The judge consequently ordered the former governor, who is the sole defendant in the case, to open his defence.
The News Agency of Nigeria (NAN) reports that El-Rufai filed the no-case submission after the DSS concluded its case, having called two witnesses.
Through his counsel, Akinyemi Aremu, the former governor urged the court to rule that the prosecution had failed to establish a case requiring him to defend himself.
However, DSS counsel, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), opposed the application and adopted the prosecution’s counter-affidavit.
Aladedoye argued that the defence had failed to address Exhibit B, which the prosecution said contained an alleged admission by El-Rufai concerning the tapping of Ribadu’s telephone.
The DSS lawyer maintained that the evidence presented had established a prima facie case against the former governor and that he should therefore be required to enter his defence.
By dismissing the no-case submission, the court has allowed the trial to proceed to the defence stage. The ruling does not amount to a determination of El-Rufai’s guilt, which remains for the court to decide based on the evidence and applicable law.