Nigeria’s domestic intelligence agency, the Department of State Services (DSS), has closed its case against former Kaduna State Governor, Nasir El-Rufai, in his trial over allegations that he unlawfully intercepted the communications of National Security Adviser Nuhu Ribadu.
The prosecution formally concluded its case on Tuesday before the Federal High Court in Abuja after presenting its witnesses and evidence.
Counsel for the DSS, Oluwole Aladedoye, informed the court that the agency would not be calling any additional witnesses, prompting Justice Joyce Abdulmalik to mark the prosecution’s case as closed.
Following the development, El-Rufai’s lawyer, Paul Erokoro, said the defence would file a no-case submission, arguing that the prosecution had failed to present enough evidence to justify requiring the former governor to open his defence.
The defence requested two weeks to prepare and file the application, while the prosecution sought a further two weeks to respond.
The DSS is prosecuting Mr El-Rufai on an amended five-count charge relating to the alleged unlawful interception of communications and offences linked to national security.
According to court documents, the charges stem from comments made by the former governor during a live television interview in February. During the interview, Mr El-Rufai claimed he had intercepted a telephone conversation involving Mr Ribadu, which allegedly revealed plans by security agencies to arrest him.
The DSS argues that the statement amounted to an offence under Section 12(1) of Nigeria’s Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
During Tuesday’s proceedings, the defence also asked the court to relax the bail conditions previously imposed on the former governor.
Mr Erokoro described the conditions as difficult to meet, particularly the requirement that sureties must be Level 17 civil servants who own property in Abuja’s Maitama or Asokoro districts. He also challenged the requirement for verification and attestation letters from the Kaduna State Traditional Council.
The prosecution opposed the request, maintaining that qualified individuals who met the conditions were available and urging the court not to amend its earlier ruling.
Justice Abdulmalik dismissed the application, ruling that the existing conditions remained appropriate and that eligible civil servants could serve as sureties.
The case was adjourned until 22 September, when the court is expected to hear the defence’s no-case submission and continue proceedings.
Mr El-Rufai, who served as governor of Kaduna State from 2015 to 2023, has denied any wrongdoing.
