A Federal High Court in Abuja has dismissed the no-case submission filed by former Kaduna State Governor, Nasir El-Rufai, in his trial over alleged unlawful interception of the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu.
Justice Joyce Abdulmalik, in a ruling delivered on Monday, held that the prosecution had adduced sufficient evidence to warrant the defendant to enter his defence.
The judge consequently ordered El-Rufai to open his defence and adjourned the matter till November 25.
The Department of State Services (DSS) is prosecuting the former governor on a five-count amended charge bordering on illegal phone tapping.
El-Rufai had filed the no-case submission after the prosecution closed its case, having called two witnesses – an operative of the DSS and a lawyer, Deji Adeyanju, who was subpoenaed.
Adeyanju had told the court that El-Rufai admitted during a television interview that he wiretapped the NSA’s phone.
At the hearing of the no-case submission on September 22, prosecution counsel, Oluwole Aladedoye (SAN), urged the court to dismiss it, arguing that the prosecution had established a prima facie case against the defendant.
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Aladedoye contended that El-Rufai failed to address Exhibit “B”, which according to the prosecution, contains his admission on tapping Ribadu’s phone.
Adopting his no-case submission, defence counsel, Akinyemi Aremu, argued that the prosecution failed to establish a prima facie case to warrant calling his client to enter a defence. He urged the court to uphold the application and discharge the former governor.
But in her ruling, Justice Abdulmalik agreed with the prosecution, holding that there was enough evidence on record linking the defendant to the alleged offence, hence the need for him to offer an explanation if he so desires.
