Justice Joyce Abdulmalik of a Federal High Court, Abuja, on Monday ordered the immediate past governor of Kaduna State, Nasir El-rufai to enter his defence if he so desires in his ongoing trial on bugging the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu.
Justice Abdulmalik made the order shortly after dismissing the no-case submission filed by El-rufai, in response to the prosecution’s case.
In her ruling on the no-case submission, the judge held there is sufficient evidence by the prosecution to warrant the court to call on the defendant to enter his defence if he so desires.
She subsequently adjourned till November 25 for the former governor to open his defence.
The African Democratic Congress (ADC) chieftain is standing trial on a five-count criminal charge brought against him by the Department of State Services (DSS).
At the no-case submission hearing on September 22, the prosecution, represented by Oluwole Aladedoye (SAN), objected to the submission and urged the court to dismiss it and order the defendant to enter his defence.
According to Aladedoye, the defendant failed to address Exhibit “B”, which the prosecution claimed contains El-rufai’s admission in relation to the tapping of Ribadu’s phone.
He contended that since the prosecution has effectively established a prima facie case against El-rufai, through its two witnesses, the defendant is required by law to enter a defence.
Defence lawyer, Akinyemi Aremu, while adopting his client’s no-case submission, argued that the prosecution failed to establish a prima facie case against the ex-governor to require him to be called upon to enter a defence.
Aremu urged the court to uphold the no-case submission and discharge his client.
El-rufai opted for a no-case submission after the prosecution closed its case upon calling two witnesses – an operative of the DSS and a lawyer, Deji Adeyanju.
Adeyanju, who testified as a subpoenaed witness, told the court that the ex-governor admitted during a television interview that he wiretapped the NSA’s phone lines
