Court Rejects El-Rufai’s Bail Variation Request as DSS Closes Wiretapping Case

The Federal High Court in Abuja has refused an application by former Kaduna State Governor, Nasir El-Rufai, seeking a review of the bail conditions earlier imposed on him in his ongoing alleged wiretapping trial.

Justice Joyce Abdulmalik delivered the ruling on Tuesday, holding that the conditions set by the court were neither excessive nor impossible to satisfy. The decision represents a setback for the former governor, who had argued that some of the requirements attached to his bail were too stringent and difficult to meet.

El-Rufai’s legal team, led by Senior Advocate of Nigeria, Paul Erokoro, had urged the court to vary the conditions, particularly those relating to the sureties required for his release. The defence maintained that the demand for Level 17 civil servants who own properties in Abuja’s high-profile districts of Maitama or Asokoro, alongside verification and attestation letters from the Kaduna State Traditional Council, imposed an unreasonable burden on the defendant.

According to the defence, the conditions were unnecessarily restrictive and should be adjusted to allow the former governor easier access to bail while awaiting the conclusion of the trial.

C: Court Maintains Original Bail Conditions

The application was strongly opposed by the legal team of the Department of State Services (DSS), which argued that the conditions were realistic and attainable.

Counsel to the DSS, Oluwole Aladedoye (SAN), told the court that qualified public officers who met the stipulated requirements existed and that there was no justification for altering the terms already approved by the court.

In her ruling, Justice Abdulmalik agreed with the prosecution’s position. She observed that civil servants who fulfilled the conditions were available and that the requirements did not amount to an impossibility.

The judge therefore dismissed the application and ordered that the original bail conditions remain in force.

Beyond the bail issue, proceedings in the substantive case also recorded a significant development as the DSS formally closed its case against the former governor.

At the resumed hearing, Aladedoye informed the court that the prosecution had concluded the presentation of its evidence and would not be calling any additional witnesses.

The closure of the prosecution’s case effectively shifts the focus of the trial to the defence stage.

Reacting to the development, Erokoro informed the court that El-Rufai’s legal team intends to file a no-case submission. Such an application asks the court to dismiss the charges on the grounds that the prosecution has failed to establish sufficient evidence requiring the defendant to enter a defence.

The defence argued that after reviewing the evidence presented by the DSS, it believes the prosecution has not made a prima facie case against the former governor.

Counsel requested two weeks to prepare and file the no-case submission, while the prosecution sought an equal period to respond to the application.

Following submissions from both parties, Justice Abdulmalik adjourned the matter until September 22, when the court is expected to hear arguments on the no-case submission and determine whether El-Rufai should proceed to open his defence.

The ruling marks another important stage in the high-profile trial, with legal observers now closely watching whether the court will find sufficient grounds to sustain the charges or bring the case to an early conclusion.

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