Nasir El-Rufai, former Kaduna State governor, is set to challenge the case brought against him by the Department of State Services (DSS) after the agency closed its prosecution at the Federal High Court in Abuja.
The DSS is prosecuting El-Rufai on an amended five-count charge bordering on alleged unlawful interception of communications and breach of national security.
According to the charges, El-Rufai claimed during a live interview on Arise Television in February that he had intercepted a telephone conversation involving Nuhu Ribadu, the national security adviser, which allegedly revealed plans by security operatives to arrest him. The DSS contends that the alleged act contravenes Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
At Tuesday’s proceedings, counsel to the DSS, Oluwole Aladedoye, informed the court that the prosecution had concluded its case and would not be calling additional witnesses.
Following the announcement, counsel to El-Rufai, Paul Erokoro, notified the court of the defence’s intention to file a no-case submission, arguing that the prosecution had failed to establish sufficient evidence requiring his client to open a defence.
The defence requested two weeks to file the application, while the prosecution sought a further two weeks to respond.
Erokoro also urged the court to review the bail conditions earlier granted to the former governor, describing them as stringent and difficult to satisfy.
He argued that the requirements compelling Level 17 civil servants with properties in Abuja’s Maitama or Asokoro districts to stand as sureties, alongside verification and attestation letters from the Kaduna State Traditional Council, were onerous.
However, the prosecution opposed the application, maintaining that qualified public officers existed and urging the court to retain the existing conditions.
In her ruling, Justice Joyce Abdulmalik declined the request to vary the bail conditions, holding that there were civil servants who owned properties in the designated areas and could serve as sureties.
The court subsequently adjourned the matter until September 22 for the filing of the no-case submission and further proceedings.
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