On Monday, the [Federal High Court](https://judiciary.gov.ng) in Abuja ruled that former Kaduna State governor Nasir El‑Rufai must enter a defence in the ongoing trial accusing him of unlawfully intercepting the telephone conversations of National Security Adviser (NSA) Nuhu Ribadu. The judge rejected El‑Rufai’s no‑case submission, finding that the evidence presented by the [Department of State Services (DSS)](https://dss.gov.ng) was sufficient to require a defence.
**What did the court decide?**
The presiding Justice Joyce Abdulmalik concluded that the prosecution had established a prima facie case. Consequently, she ordered El‑Rufai, the sole defendant, to present his defence if he wishes to do so.
**Key facts of the hearing**
- The DSS closed its case after calling two witnesses, yet the court deemed the material presented adequate.
- El‑Rufai, represented by counsel Akinyemi Aremu, argued that the prosecution had failed to prove a case warranting a defence.
- DSS lawyer Oluwole Aladedoye, SAN, countered the no‑case submission, highlighting Exhibit “B”, which allegedly contains El‑Rufai’s admission of the phone‑tapping.
- The judge affirmed that, given the prima facie evidence, the law obliges the defendant to respond.
**Why the no‑case submission was rejected**
El‑Rufai’s legal team sought dismissal on the basis that the prosecution’s evidence was insufficient. However, Aladedoye argued that the defence ignored Exhibit “B”, a document the prosecution says shows El‑Rufai’s own acknowledgment of the alleged interception. By establishing a prima facie case, the prosecution satisfied the legal threshold, compelling the court to reject the request for dismissal.
**Background of the case**
The controversy stems from accusations that El‑Rufai ordered the surveillance of NSA [Nuhu Ribadu](https://en.wikipedia.org/wiki/Nuhu_Ribadu) while serving as governor. The DSS, Nigeria’s internal security agency, initiated the investigation and later brought the matter before the High Court. The trial has attracted significant public attention, given the high‑profile nature of both the former governor and the NSA.
The court’s decision means the case will proceed to a full hearing where El‑Rufai will have the opportunity to contest the allegations and present evidence in his defence.