Court Orders El-Rufai to Enter Defence in DSS Phone Interception Case

A Federal High Court in Abuja has dismissed the no-case submission filed by former Kaduna State Governor Nasir El-Rufai in the phone interception case brought by the Department of State Services. Justice Joyce Abdulmalik dismissed the application on Monday.

The DSS arraigned El-Rufai over alleged interception of the phone communications of National Security Adviser Nuhu Ribadu. The charges were filed on February 16, 2026. El-Rufai denied them, paving the way for his trial.

Judge finds prima facie case

At the resumed hearing, Justice Abdulmalik agreed with the prosecution that it had established a “prima facie case” against El-Rufai. She held that the DSS had presented sufficient evidence to require him to enter his defence if he chooses. She ordered the former governor to enter his defence and adjourned the matter until November 25 for him to open his defence.

Three-count charge

The DSS filed a three-count charge against El-Rufai. In Count 1, he 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 unlawfully intercepted Ribadu’s phone communications. The DSS said the 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 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.

Background

The dispute gained attention after El-Rufai 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.

El-Rufai is also facing a separate case instituted by the Independent Corrupt Practices and Other Related Offences Commission.