The ongoing trial of former Kaduna State Governor Nasir El-Rufai over the alleged unlawful interception of the telephone communications of National Security Adviser (NSA), Nuhu Ribadu, has reached a critical stage, with a Federal High Court in Abuja directing the former governor to open his defence.
The development followed the dismissal of El-Rufai’s no-case submission by Justice Joyce Abdulmalik on Monday, in a ruling that cleared the way for the former governor to respond to the allegations levelled against him.
The court held that the Department of State Services (DSS), which is prosecuting the case, had presented sufficient evidence to require El-Rufai to enter his defence, should he choose to do so.
The ruling represents a significant development in the proceedings, shifting attention to the former governor’s response to the prosecution’s evidence in a case involving allegations of unlawful interception of communications linked to one of the country’s most senior security officials.
El-Rufai, who is the sole defendant in the charge, had filed the no-case submission after the DSS concluded its case by calling two witnesses.
Through his counsel, Akinyemi Aremu, the former governor urged the court to hold that the prosecution had failed to establish sufficient grounds to warrant his being called upon to defend himself.
A no-case submission is a procedural application in which a defendant asks the court to terminate a trial on the grounds that the prosecution has not presented sufficient evidence to require a defence. Its dismissal does not amount to a determination of guilt but allows the proceedings to continue.
Opposing the application, the DSS lawyer, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), adopted the prosecution’s counter-affidavit and urged the court to reject the defence’s arguments.
Aladedoye argued that the defence had failed to adequately address Exhibit B, which the prosecution said contained an alleged admission by El-Rufai concerning the tapping of Ribadu’s telephone.
The DSS counsel maintained that the evidence presented had established a prima facie case against the former governor, making it necessary for him to respond to the allegations.
Justice Abdulmalik agreed that the prosecution had placed sufficient material before the court to warrant the next stage of the trial and consequently ordered El-Rufai to enter his defence if he so desired.
With the no-case submission dismissed, the proceedings will now focus on the defence’s response to the prosecution’s evidence and the arguments surrounding the allegations.
The case remains before the court, and the allegations against El-Rufai have yet to be determined on their merits.