Justice Joyce Abdulmalik ruled that the prosecution had presented sufficient evidence to require El-Rufai to defend himself against the five-count amended charge brought by the Department of State Services (DSS).
The judge directed the former governor to open his defence and adjourned the case until 25 November 2026.
El-Rufai had filed the no-case submission after the Federal Government closed its case, having called two witnesses to testify against him.
Through his counsel, Paul Erokoro, the former governor urged the court to discharge and acquit him, arguing that the prosecution had failed to establish a prima facie case warranting a response from the defence.
Erokoro maintained that the evidence presented by the prosecution was insufficient to compel his client to enter a defence to the allegations.
However, prosecuting counsel, Oluwole Aladedoye, opposed the application and urged the court to dismiss it, arguing that the oral testimonies and documentary evidence before the court established a case that required El-Rufai to respond.
In her ruling, Justice Abdulmalik agreed with the prosecution, holding that the matter should proceed to the defence stage. The decision means El-Rufai must now present his response to the allegations rather than secure a discharge at this stage of the trial.
The case arose from allegations that El-Rufai unlawfully intercepted telephone conversations associated with Ribadu.
The controversy followed an interview the former governor granted on Arise Television’s Prime Time programme in February 2026, during which he alleged that the NSA’s telephone conversation had been intercepted.
During the interview, El-Rufai said “someone wiretapped” Ribadu’s phone, claiming that this enabled him to listen to a conversation in which the NSA allegedly instructed security operatives to arrest him.
The claim subsequently formed the basis of the DSS prosecution against the former governor.
Following Monday’s ruling, El-Rufai is expected to begin presenting his defence when proceedings resume on 25 November 2026.
