Justice Joyce Abdulmalik ruled on Monday, October 26, that the prosecution had presented sufficient evidence to warrant El-Rufai opening his defence against the five-count amended charge filed by the Department of State Services (DSS).
The judge subsequently adjourned the case until November 25, 2026, for the commencement of the defence.
El-Rufai filed the no-case submission after the prosecution closed its case, having called two witnesses to testify. His counsel, Paul Erokoro, urged the court to discharge and acquit his client, arguing that the prosecution had failed to establish a prima facie case against him.
Erokoro maintained that the evidence presented was insufficient to require the former governor to enter his defence. However, prosecution counsel, Oluwole Aladedoye, opposed the application, insisting that the oral and documentary evidence before the court warranted a response from the defendant.
In her ruling, Justice Abdulmalik held that the case should proceed to the defence stage. The decision does not amount to a determination of El-Rufai’s guilt.
The charges stem from comments El-Rufai made during an appearance on Arise Television’s Prime Time programme in February 2026.
During the interview, the former governor alleged that an individual had intercepted Ribadu’s telephone conversation, enabling him to hear the national security adviser purportedly directing security operatives to arrest him.
The allegations arising from those remarks form the basis of the DSS prosecution.
