The Department of State Services has formally closed its case against former Kaduna State Governor Nasir El-Rufai in his alleged wiretapping trial, paving the way for the defence to file a no-case submission before the Federal High Court in Abuja. Justice Joyce Abdulmalik adjourned the matter until September 22 for the filing of the no-case submission and continuation of proceedings.
DSS Closes Case Without Calling Further Witnesses
At the resumed hearing on Tuesday, counsel for the DSS, Oluwole Aladedoye, informed the court that the prosecution would not be calling any further witnesses, prompting the formal closure of its case. The DSS is prosecuting El-Rufai on an amended five-count charge bordering on alleged unlawful interception of communications and breach of national security, following claims he made on Arise Television during a live interview in February that he had intercepted a telephone conversation involving Ribadu, which allegedly revealed plans by security operatives to arrest him.
The alleged offence is said to be contrary to Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
Defence to File No-Case Submission
El-Rufai’s lawyer, Paul Erokoro (SAN), told the court that the defence would file a no-case submission, contending that the prosecution had failed to establish sufficient evidence to warrant his client entering a defence. The defence sought two weeks to file the application, while the prosecution requested another two weeks to respond.
Erokoro also applied for a variation of the bail conditions earlier granted to the former governor, describing them as stringent and difficult to fulfil. He argued that conditions requiring Level 17 civil servants with properties in Abuja’s Maitama or Asokoro districts to stand as sureties, as well as verification and attestation letters from the Kaduna State Traditional Council, were onerous. The prosecution opposed the application, insisting that public officers who met the conditions existed and urging the court to reject the request.
Court Refuses to Vary Bail Conditions
Ruling on the application, Justice Joyce Abdulmalik declined to vary the bail conditions, holding that there were civil servants who owned properties in the designated areas and could serve as sureties. The judge subsequently adjourned the matter until September 22 for the filing of the no-case submission and continuation of proceedings.
ICPC Responds to El-Rufai Support Group
In a related development, the Independent Corrupt Practices and Other Related Offences Commission stated that El-Rufai’s detention and prosecution are guided strictly by the law and not politics. The ICPC spokesman, John Odey, said the anti-corruption agency was not moved by the El-Rufai Support Group Association’s decision to seek international support.
