Former Kaduna State Governor Nasir El-Rufai is set to file a no-case submission in his alleged wiretapping case after the Department of State Services (DSS) closed its prosecution before the Federal High Court in Abuja on Tuesday.

The DSS is prosecuting El-Rufai on an amended five-count charge involving the alleged unlawful interception of communications and violations of national security laws.

According to the charges, El-Rufai claimed during a live interview on Arise Television in February that he had intercepted a telephone conversation involving National Security Adviser Nuhu Ribadu, which allegedly revealed plans by security operatives to arrest him. The DSS argues that the claim contravenes Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

At the resumed hearing, counsel to the DSS, Oluwole Aladedoye, informed the court that the prosecution would not be presenting any additional witnesses, leading to the formal closure of its case.

Following the announcement, El-Rufai’s counsel, Paul Erokoro (SAN), told the court that the defence would file a no-case submission, maintaining that the prosecution had failed to establish a prima facie case against his client.

The defence requested two weeks to file the application, while the prosecution sought an additional two weeks to respond.

Erokoro also asked the court to review the bail conditions earlier granted to the former governor, describing them as excessively strict and difficult to satisfy.

He argued that the requirement for Level 17 civil servants with properties in Abuja’s Maitama or Asokoro districts to serve as sureties, alongside verification and attestation letters from the Kaduna State Traditional Council, was burdensome.

The prosecution opposed the request, insisting that qualified public officers capable of meeting the conditions were available and urging the court to maintain the existing terms.In her ruling, Justice Joyce Abdulmalik declined the application to vary the bail conditions, holding that eligible civil servants with properties in the designated areas could serve as sureties.

The judge subsequently adjourned the case until September 22 for the filing and hearing of the no-case submission as proceedings continue.