The Federal High Court in Abuja has fixed October 26 to rule on former Kaduna State Governor Nasir El-Rufai’s no-case submission in a trial over alleged unlawful interception of telephone communication.
At Tuesday’s resumed hearing, prosecution and defence lawyers adopted their respective positions on the no-case submission.
The prosecution, led by counsel Oluwole Aladedoyin, a Senior Advocate of Nigeria (SAN), urged the court to reject the submission and order El-Rufai to open his defence.
Defence counsel Akinyemi Aremu announced that the legal team was led by Paul Erokoro, SAN, who was still on his way to court.
Aremu requested that the proceedings be stood down until Erokoro arrived. However, Justice Joyce Abdulmalik rejected the request, saying, “I do not do stand downs.”
Aremu subsequently sought permission for his co-counsel, Ekere, to handle the proceedings.
Defence Adopts No-Case Submission
Ekere moved an application seeking an extension of time to deem the defendant’s no-case submission properly filed and served.
Justice Abdulmalik granted the application and deemed the processes relating to the submission properly filed and served.
Ekere then adopted the no-case submission and urged the court to uphold it and discharge El-Rufai from the case.
A no-case submission allows a defendant to argue that the prosecution has not presented sufficient evidence to require the defendant to enter a defence.
Prosecution Challenges Defence Arguments
In response, Aladedoyin urged the court to overrule the no-case submission and direct El-Rufai to open his defence.
The prosecuting counsel argued that the defence had avoided addressing Exhibit B, which he identified as the defendant’s confession.
“If they had averred it, they won’t make the no-case submission, so I urge my lord to invite the defendant to open his case,” Aladedoyin said.
The prosecution’s position seeks to establish that the evidence presented warrants the continuation of the trial through the defendant’s defence.
Justice Abdulmalik subsequently adjourned the matter until October 26 for ruling on the no-case submission.
