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Former Kaduna State governor Nasir El-Rufai will file a no-case submission after the Department of State Services closed its wiretapping case against him at the Federal High Court in Abuja. The development hands the defence a chance to argue the charges should be dismissed outright.
The DSS shut its case on Tuesday, prompting El-Rufai’s legal team to signal that it would ask the court to throw out the prosecution. His lead lawyer told the judge the agency had failed to present enough evidence to require the former governor to open a defence.
What the El-Rufai charges allege
El-Rufai faces an amended five-count charge centred on the alleged unlawful interception of communications and breach of national security. Prosecutors say he claimed during a live television interview that he had intercepted a phone conversation revealing plans by security operatives to arrest him.
The state anchored its case on the Cybercrimes Amendment Act, arguing the on-air remarks amounted to an admission. The defence counters that the prosecution never established the core elements of the offence, leaving the charges, in its view, legally hollow.
The no-case submission explained
A no-case submission is a formal request asking a court to acquit a defendant without requiring them to mount a defence. It succeeds only if the judge agrees the prosecution has not made out a case strong enough to answer, effectively ending the trial in the accused person’s favour.
El-Rufai’s counsel sought two weeks to file the application, while prosecutors asked for the same time to respond. The judge granted the requests and fixed September 22 for the hearing and continuation of proceedings, setting up a decisive moment in the closely watched case.
How the trial reached this point
The case has unfolded over several sittings, with the prosecution calling witnesses to support its account of the alleged interception. Earlier testimony focused on the television interview at the heart of the charges, as the DSS sought to tie El-Rufai’s public comments to a breach of the law.
With its witnesses now heard and exhibits tendered, the agency formally closed its case. That handover marks the moment the burden shifts, allowing the defence to argue that what has been presented falls short of the threshold needed for the former governor to answer.
Bail variation rejected
In the same sitting, the court declined to soften El-Rufai’s bail conditions, which his team had described as too stringent. The judge held that the requirements were workable, noting that civil servants who own property in the specified locations do exist and could stand as sureties.
The ruling means the former governor remains bound by the original terms while the case proceeds. His legal team had argued the conditions were unduly tight, but the court was unmoved on that point even as it allowed the no-case process to move forward.
Why the case matters
The trial sits at the intersection of politics, security and free speech, drawing intense attention across Nigeria. El-Rufai, once a powerful APC figure, has become a vocal critic since leaving office, and supporters cast the prosecution as politically tinged, a claim authorities reject.
With the DSS case closed, the September hearing now looms large. Whether the no-case submission succeeds or the trial pushes on, the outcome will shape debate over how Nigeria handles cybercrime law, dissent and the prosecution of high-profile political figures.
