The Department of State Services (DSS) has urged the Federal High Court in Abuja to dismiss a no-case submission filed by former Kaduna State Governor Nasir El-Rufai in a wiretapping case instituted against him by the Federal Government.
El-Rufai is facing charges over allegations that he unlawfully eavesdropped on a conversation involving the National Security Adviser, Nuhu Ribadu.
At Tuesday, September 22, proceedings, DSS counsel, Oluwole Aladedoyin, SAN, asked the court to reject the former governor’s application and direct him to enter his defence.
Aladedoyin argued that the evidence presented by the prosecution established a case requiring El-Rufai to respond to the allegations.
In challenging the no-case submission, the DSS lawyer said the defence had failed to properly address Exhibit B, which he described as a confession by the former governor.
“If they had averred it, they wont make the no case submission so I urge my Lord to invite the defendant to open his case,” Aladedoyin said.
Both the prosecution and defence adopted their respective arguments on the no-case submission during the proceedings.
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Counsel to El-Rufai, Akinyemi Aremu, urged Justice Joyce Abdulmalik to uphold the application and discharge the former governor, arguing that the prosecution had failed to establish a case against him.
Before presenting his arguments, Aremu informed the court that the defence team would be led by Paul Erokoro, SAN, who was yet to arrive.
Aremu consequently asked the judge to stand down the matter until the senior counsel arrived.
Justice Abdulmalik, however, declined the request and directed Aremu to proceed with the arguments.
“I do not do stand downs,” the judge said.
Following the adoption of the parties’ positions, Justice Abdulmalik fixed October 26 for ruling on the no-case submission.
The court will determine on that date whether to dismiss the charges against El-Rufai or require him to enter his defence.