The Federal High Court in Abuja has ordered Nasir El-Rufai, former governor of Kaduna State, to enter his defence in
The Federal High Court in Abuja has ordered Nasir El-Rufai, former governor of Kaduna State, to enter his defence in a trial over the alleged unlawful interception of telephone communications belonging to Nuhu Ribadu, the National Security Adviser (NSA).
Justice Joyce Abdulmalik, in a ruling on Monday, dismissed a no-case submission filed by El-Rufai, holding that the Department of State Services (DSS) had presented sufficient evidence to require him to respond to the allegations.
The ruling means the former governor must now explain his position before the court, although he retains the right to decide how to present his defence.
El-Rufai had asked the court to dismiss the charge without requiring him to defend himself, arguing that the prosecution had failed to establish sufficient evidence against him.
The application followed the closure of the DSS’s case, during which the agency called two witnesses.
However, Oluwole Aladedoye, counsel to the DSS, opposed the application, arguing that the prosecution had established a prima facie case against the former governor.
Aladedoye told the court that the defence had failed to address Exhibit B, which the prosecution said contained El-Rufai’s alleged admission concerning the interception of Ribadu’s telephone communications.
He argued that the evidence presented by the DSS was sufficient to require the defendant to enter his defence.
Justice Abdulmalik agreed with the prosecution’s position, ruling that the evidence before the court warranted calling on El-Rufai to respond to the allegations.
The former governor is the sole defendant in the charge.
BusinessDay recalled that the DSS instituted the case against El-Rufai following allegations that he unlawfully intercepted telephone communications involving Ribadu.
The allegations followed comments reportedly made by the former governor during a television interview, in which he allegedly admitted intercepting a telephone conversation involving the NSA.
El-Rufai had reportedly linked the conversation to an alleged instruction by security operatives to arrest him following an incident at the Nnamdi Azikiwe International Airport in Abuja on February 12, after his return from Cairo, Egypt.
The DSS subsequently brought the case against him, alleging conduct bordering on a breach of national security.
During the trial, the agency called two witnesses, including a DSS operative and lawyer Deji Adeyanju, who testified as a subpoenaed witness.
After the prosecution closed its case, El-Rufai filed a no-case submission, asking the court to determine that the evidence presented was insufficient to require him to defend himself.
Monday’s ruling rejected that request and moved the trial to the defence stage.
The court’s decision does not amount to a finding that El-Rufai is guilty of the alleged offence. It means the prosecution has presented enough evidence for him to respond, while the court will determine the case based on the evidence before it.
The trial is expected to proceed with the former governor’s defence.
Details later…
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