The Federal High Court in Abuja has rejected a no-case submission by former Kaduna State Governor, Nasir El-Rufai, directing him to present his defence in the trial over the alleged unlawful interception of telephone communications belonging to National Security Adviser, Nuhu Ribadu.
Justice Joyce Abdulmalik delivered the ruling on Monday, holding that evidence presented by the Department of State Services (DSS) was sufficient to require the former governor to answer the allegations against him.
Following the decision, El-Rufai, who is the sole defendant in the case, was ordered to open his defence after the prosecution concluded its presentation of evidence.
Through his lawyer, Akinyemi Aremu, the former governor had urged the court to discharge him, arguing that the prosecution failed to establish a case requiring him to defend himself. The application came after the DSS closed its case with the testimony of two witnesses.
However, the prosecution counsel, Oluwole Aladedoye, SAN, opposed the application, maintaining that the defence had failed to address Exhibit “B”, which allegedly contained an admission by El-Rufai that he intercepted Ribadu’s telephone communications.
The court’s decision means the former governor must now respond to the evidence presented by the prosecution as proceedings continue in the phone-tapping case.
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