El-Rufai Remains in Custody as Court Refuses to Vary “Stringent” Bail Terms
The Federal High Court in Abuja has dismissed an application by former Kaduna State Governor, Nasir Ahmad El-Rufai, seeking to relax the stringent bail conditions imposed on him in the ongoing wiretapping trial. Justice Joyce Abdulmalik, in her ruling on Tuesday, declined to vary the conditions, meaning the former governor will remain in custody pending his ability to meet the existing bail requirements.
El-Rufai, through his lead counsel Paul Erokoro (SAN) , had approached the court seeking a review of the bail conditions, describing them as harsh, stringent, outlandish, and practically impossible to fulfil. His legal team specifically challenged several requirements, including the condition mandating sureties to be Level 17 civil servants with verifiable landed properties in high-profile areas of Abuja, specifically Maitama or Asokoro districts. The defence also raised concerns over the additional requirement involving verification and attestation letters from the Kaduna State Traditional Council.
However, prosecution counsel Oluwole Aladedoye (SAN) strongly opposed the application, insisting that qualified public officers who meet the court’s requirements do exist and urged the court to dismiss El-Rufai’s request. Justice Abdulmalik agreed with the prosecution, holding that there are civil servants who own properties in the specified locations and that the conditions were not impossible to meet.
At Tuesday’s hearing, the Department of State Services (DSS) formally closed its case against the former governor in the ongoing alleged wiretapping trial. Prosecuting counsel Aladedoye informed the court that the prosecution would not be calling additional witnesses, signalling the end of the DSS case. The DSS had called just two witnesses during the trial, and the prosecution stated it was satisfied that the evidence already presented was sufficient to establish the offences against the former governor.
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Following the closure of the prosecution’s case, El-Rufai’s legal team informed the court of its intention to file a no-case submission. A no-case submission is a legal application asking the court to dismiss charges on the grounds that the prosecution has not presented sufficient evidence to justify continuing the trial. The defence argued that the prosecution has failed to establish a strong enough case to warrant further proceedings against the former governor. Erokoro requested two weeks to file the application, while the prosecution also requested two weeks to study and respond to the submission.
Justice Abdulmalik subsequently adjourned the matter until September 22, 2026, for the hearing of the no-case submission and continuation of proceedings.
El-Rufai is facing a five-count charge filed by the DSS bordering on alleged breach of national security and unlawful interception of communications of the office of the National Security Adviser (NSA). The charges stem from comments made by the former governor during a live interview on Arise Television in February 2026, where he claimed to have intercepted a telephone conversation involving NSA Nuhu Ribadu. According to the DSS, the alleged offence is punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024. El-Rufai had alleged that the intercepted conversation revealed instructions to security operatives to arrest him. He pleaded not guilty to all charges when arraigned on April 23, 2026.
The court had earlier granted El-Rufai bail in the sum of N100 million with one surety in like sum, subject to stringent conditions. The conditions include that the surety must be a federal civil servant not below Grade Level 17, residing in Maitama or Asokoro districts of Abuja, and must deposit the original Certificate of Occupancy of a landed property at the court’s registry. The court warned that failure to comply with any condition would lead to automatic revocation of the bail.
Observers note that securing an attestation letter from the Chairman of Kaduna State Traditional Rulers Council may be difficult given the frosty relationship between El-Rufai and his successor, Kaduna State Governor Uba Sani. The next stage of the case will determine whether El-Rufai will be required to open his defence or if the court will dismiss the charges entirely.