The wiretapping trial of former Kaduna State Governor Nasir El-Rufai reached a critical juncture on Tuesday as the Department of State Services (DSS) officially closed its case before the Federal High Court in Abuja.
The prosecution’s case rests on an amended five-count charge under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
The state alleges that during a February live broadcast on Arise Television, El-Rufai unlawfully intercepted a telephone conversation involving Nuhu Ribadu, which he claimed exposed a plot by security agencies to detain him.
Following prosecution counsel Oluwole Aladedoye’s declaration that no further witnesses would be called, defense counsel Paul Erokoro (SAN) signaled his intent to file a no-case submission.
The defence will argue that the DSS has failed to establish a prima facie case, asserting the evidence presented is insufficient to require El-Rufai to enter a formal defense.
The defence sought two weeks to file the application, while the prosecution requested another two weeks to respond.
Erokoro also applied for a variation of the bail conditions earlier granted to the former governor, describing them as stringent and difficult to fulfil.
He argued that the conditions requiring Level 17 civil servants with properties in Abuja’s Maitama or Asokoro districts to stand as sureties, as well as verification and attestation letters from the Kaduna State Traditional Council, were onerous.
The prosecution, however, opposed the application, insisting that public officers who met the conditions existed and urging the court to reject the request.
Ruling on the application, Justice Joyce Abdulmalik declined to vary the bail conditions, holding that there were civil servants who owned properties in the designated areas and could serve as sureties.
The case has been adjourned until September 22 for the filing of the no-case submission and continuation of proceedings.