By DAYO ADESULU
The El-Rufai phone interception case has taken a dramatic turn as the Federal Government moves to arraign former Kaduna State governor, , before the Federal High Court in Abuja.
Court filings show that the Federal Republic of Nigeria has instituted criminal proceedings against the 65-year-old politician over allegations that he unlawfully intercepted the phone communications of the National Security Adviser, .
The charge, marked FHC/CR/99/2026 and dated February 16, 2026, lists El-Rufai as the sole defendant. Prosecutors filed the case on behalf of the Department of State Services (DSS), signaling what could become one of the most politically sensitive trials of the year.
Alleged Admissions During Arise TV Interview
At the heart of the El-Rufai phone interception case lies a televised interview granted on February 13, 2026. According to the prosecution, El-Rufai allegedly made incriminating statements while appearing on Prime Time, a programme aired by in Abuja.
Prosecutors claim that during the broadcast, the former governor admitted that he and certain associates unlawfully intercepted communications belonging to the National Security Adviser.
Based on that alleged admission, the government filed three counts against him under existing cybercrime and communications laws.
Count One: Alleged Unlawful Interception
In the first count, the Federal Government accuses El-Rufai of admitting on national television that he participated in intercepting Ribadu’s phone communications.
The charge states that the alleged action contravenes Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024. Authorities argue that the offence attracts criminal liability under the amended law.
Prosecutors insist that the interview amounts to a confession of unlawful conduct within the court’s jurisdiction.
Count Two: Failure to Report Alleged Offenders
The second count in the El-Rufai phone interception case centers on alleged knowledge of others involved in the interception.
According to the charge sheet, El-Rufai stated during the same television appearance that he knew and maintained relationships with individuals who allegedly carried out the interception. However, prosecutors allege that he failed to report those individuals to security agencies.
The government says this omission violates Section 27(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
Legal analysts note that this count introduces a different dimension to the case. While the first charge focuses on direct involvement, the second alleges failure to act despite knowledge of a crime.
Count Three: Compromising National Security
The third and final count raises broader national security concerns.
Prosecutors allege that El-Rufai and “others still at large” used technical equipment or systems that compromised public safety and national security. The charge further claims that these actions created reasonable apprehension of insecurity among Nigerians.
Authorities filed this count under Section 131(2) of the Nigerian Communications Act, 2003.
The government maintains that the alleged interception of the NSA’s communications falls squarely within conduct prohibited by the Act.
DSS Leads Prosecution
The charge sheet lists several counsel representing the prosecution on behalf of the Department of State Services. The legal team includes Ernest O.M., Owan O.M., U.M. Bulla, C.S. Eze (PhD), and E.G. Orubor.
Their involvement underscores the weight the security establishment attaches to the El-Rufai phone interception case.
So far, El-Rufai has not publicly responded to the fresh charges beyond his earlier television remarks. His legal team is also yet to issue a formal statement on the pending arraignment.
Political and Legal Implications
The El-Rufai phone interception case comes at a time of heightened political tension in Nigeria. As a former governor and influential political figure, El-Rufai’s prosecution will likely trigger intense debate across party lines.
Supporters may frame the case as politically motivated. Critics, however, could argue that the allegations demand full judicial scrutiny, especially given their national security implications.
Moreover, the outcome could set a precedent for how Nigerian courts interpret admissions made during televised interviews. Legal experts suggest that the court will examine whether the statements qualify as voluntary confessions under the law.
What Happens Next?
The Federal High Court in Abuja will determine the next procedural steps once El-Rufai is formally arraigned. At that stage, he will enter a plea, and the court will consider bail applications if filed.
The prosecution must then present evidence to substantiate the three counts. Meanwhile, the defence will have the opportunity to challenge both the admissibility of the alleged statements and the interpretation of relevant statutes.
As proceedings unfold, the El-Rufai phone interception case is poised to remain in the spotlight. Given the high-profile personalities involved and the gravity of the allegations, Nigerians will watch closely to see how the judiciary navigates the complex intersection of politics, media statements, and national security law.
For now, the Federal Government has made its move. The courtroom will decide what follows.
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