Court dismisses El-Rufai’s no-case submission against DSS over alleged phone interception

The Federal High Court in Abuja has dismissed the no-case submission filed by former Kaduna State Governor Nasir El-Rufai against charges instituted against him by the Department of State Services (DSS) over alleged phone interception.

Justice Joyce Abdulmalik dismissed the application on Monday.

Nairametrics previously reported that El-Rufai was arraigned by the DSS for allegedly intercepting the phone communications of the National Security Adviser, Nuhu Ribadu.

The charges, filed against El-Rufai by the DSS on February 16, 2026, were denied by the former governor, paving the way for his trial.

Justice Abdulmalik agrees with prosecution

At the resumed hearing, Justice Abdulmalik dismissed El-Rufai’s no-case submission, agreeing with the prosecution’s argument that it had established a “prima facie case” against the defendant.

• The judge held that the DSS had presented sufficient evidence before the court to require El-Rufai to enter his defence, should he so desire, as required by law.

She subsequently ordered the former governor to enter his defence and adjourned the matter until November 25 for him to open his defence.

Backstory

The DSS legal team filed a three-count charge against the former governor.

In Count 1, El-Rufai was accused of admitting, during an appearance on Arise TV’s Prime Time programme in Abuja on February 13, 2026, that he and his associates had unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu.

The DSS maintained that the alleged offence was contrary to and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

• In another count, El-Rufai was accused of stating during the same interview that he knew and had dealings with certain individuals who unlawfully intercepted Ribadu’s phone communications but failed to report them to the relevant security agencies. The alleged offence was said to be punishable under Section 27(b) of the same Act.
• In the third count, El-Rufai and others still at large were accused of using technical equipment or systems to compromise public safety and national security, thereby creating a reasonable apprehension of insecurity among Nigerians through the unlawful interception of the National Security Adviser’s phone communications.
• The charge was said to be contrary to and punishable under Section 131(2) of the Nigerian Communications Act, 2003.

Nairametrics reports that the former governor is also facing a separate case instituted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

What You Should Know

The dispute between the DSS and El-Rufai gained widespread attention after the former governor granted an interview on Arise News.

• During the interview, the anchor, Charles Aniagolu, interjected, noting that phone tapping was illegal.

The Presidency later accused El-Rufai of allegedly admitting on national television that someone had tapped the National Security Adviser’s phone, enabling him to listen to the conversation.