The Federal High Court in Abuja has fixed October 26, 2026, to deliver its ruling on the no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, in the ongoing alleged wiretapping case involving National Security Adviser (NSA), Nuhu Ribadu.
Justice Joyce Abdulmalik set the date on Tuesday, September 22, after lawyers representing both the former Governor and the Federal Government adopted their respective final arguments on the application.
El-Rufai, through his legal team, is asking the court to terminate the criminal proceedings against him without requiring him to enter a defence. His lawyers maintain that the prosecution has failed to present sufficient evidence capable of establishing a prima facie case against him.
The prosecution, however, has opposed the application and urged the court to allow the case to proceed.
The ruling scheduled for October 26 will therefore determine whether El-Rufai will be required to open his defence or whether the trial will come to an end at the no-case stage.
The former Governor is being prosecuted by the Department of State Services (DSS) on an amended five-count charge arising from allegations that telephone communications involving Ribadu were unlawfully intercepted.
The case centres largely on comments attributed to El-Rufai during a television interview earlier in 2026, which the prosecution has relied upon in building its case.
DSS Closed Prosecution Case
The latest stage of the proceedings followed the decision by the DSS to close its case in June after presenting two witnesses before the court.
At the June hearing, prosecution counsel, Oluwole Aladedoye (SAN), informed Justice Abdulmalik that the prosecution had called all the witnesses it intended to rely upon and would not be presenting additional testimony.
Following the closure of the prosecution’s case, El-Rufai’s lead counsel, Paul Erokoro (SAN), indicated that the defence would file a no-case submission.
The defence position was that the evidence placed before the court did not meet the legal threshold required to compel the former Governor to defend himself.
The court subsequently adjourned the matter to September 22 for the filing, adoption and consideration of the no-case submission.
A no-case submission is an application by a defendant asking a court to end a criminal case on the ground that, even if the prosecution’s evidence is taken at its highest, it has not established sufficient evidence requiring the defendant to enter a defence.
In El-Rufai’s case, the defence has maintained that the prosecution’s evidence falls short of that threshold.
Witness Testimony
One of the significant pieces of evidence presented by the DSS came from lawyer and activist, Deji Adeyanju, who appeared as the second prosecution witness.
Adeyanju told the Federal High Court that he was present during a television programme in which El-Rufai allegedly made comments about listening to conversations involving the National Security Adviser.
According to reports of the proceedings, Adeyanju testified that El-Rufai made the statement during an interview in February 2026.
The witness told the court that he subsequently gave a statement to the DSS regarding what he heard during the programme.
However, during cross-examination, Adeyanju reportedly clarified that he did not hear El-Rufai explicitly state that he personally hacked Ribadu’s telephone.
The distinction between what was allegedly said during the television interview and what the prosecution must establish as a criminal offence is expected to remain central to the legal arguments surrounding the no-case submission.
The prosecution has nevertheless maintained that the evidence before the court is sufficient for the case to proceed.
What El-Rufai Is Asking the Court To Decide
The former Governor’s application is not a request for the court to determine his guilt or innocence at this stage.
Instead, the immediate question before Justice Abdulmalik is whether the prosecution has presented enough evidence to require El-Rufai to enter a defence.
If the court upholds the no-case submission, the prosecution would not proceed to the defence stage in the present form.
If the court rejects the application, the trial would move forward and El-Rufai would be required to respond to the evidence already presented by the prosecution, subject to any further proceedings ordered by the court.
The October 26 ruling will therefore mark an important procedural point in the case.
Bail Conditions Remain An Earlier Point of Dispute
The wiretapping proceedings have also previously involved a dispute over the conditions attached to El-Rufai’s bail.
When the DSS closed its case in June, El-Rufai’s lawyers asked the court to review some of the conditions, arguing that they were difficult to meet.
Among the requirements was that his surety should be a federal civil servant of at least Grade Level 17 with property in Abuja’s Maitama or Asokoro districts. The defence also raised concerns about additional documentation and verification requirements.
The prosecution opposed the request, arguing that people capable of meeting the conditions existed.
Justice Abdulmalik declined to vary the bail terms and held that the conditions should remain in place. Reports from the earlier proceedings said the Judge noted that there were civil servants who owned properties in the designated areas.
Separate Legal Battle Over Abuja Residence Search
The wiretapping case is not the only legal matter involving the former Kaduna Governor before Justice Abdulmalik.
On Monday, September 21, the Federal High Court in Abuja adjourned a separate ₦1 billion fundamental rights suit filed by El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police and the Attorney-General of the Federation.
That matter was adjourned until October 27 to enable El-Rufai’s legal team to respond to a counter-affidavit filed by the Attorney-General of the Federation.
The separate suit concerns a search of El-Rufai’s Abuja residence by ICPC operatives in February 2026. The former Governor is challenging the legality of the search and seeking financial compensation, while the respondents have defended the action.
The two cases are separate proceedings and should not be confused.
October 26 Ruling Now Next Major Date
For the alleged wiretapping case, attention will now shift to October 26, when Justice Abdulmalik is expected to rule on whether the prosecution’s evidence is sufficient to require El-Rufai to enter a defence.
The ruling will determine the immediate direction of the five-count criminal case.
For now, no conviction has been recorded against El-Rufai in the wiretapping matter, and the allegations remain before the court for determination.
The former Governor’s defence maintains that the prosecution has not established the required prima facie case, while the DSS and prosecution have taken the opposing position.
The court’s ruling on October 26 will settle that particular procedural question and establish whether the trial proceeds to the next stage.