• As court refuses to vary bail
•Former gov may remain in custody till September
Alex Enumah in Abuja
Department of State Services (DSS) on Tuesday closed its case in the ongoing alleged wiretapping suit it brought against former Kaduna State Governor, Nasir El-Rufai.
DSS closed its case against the former governor and chieftain of African Democratic Congress (ADC) after calling just two witnesses.
The two witnesses, who gave evidence against the former governor, included a personnel of DSS, who testified last month, and an Abuja-based lawyer and activist, Mr. Deji Adeyanju, who gave his evidence on Monday, following a summon by the court.
When the matter came up on Tuesday, counsel to the prosecution, Oluwole Aladedoye, informed the court that the prosecution would not be calling any further witnesses in the matter, and subsequently stated that the prosecution would be closing its case against the defendant.
Responding, el-Rufai’s lawyer, Chief Paul Erokoro, SAN, informed the court that the defence intended to file a no-case submission, on the grounds that the prosecution had not been able to establish sufficient evidence against the defendant.
Erokoro subsequently prayed the court to give him two weeks to file the no-case submission.
Prosecution similarly requested for same two weeks to respond to the no-case submission.
Meanwhile, the trial judge, Justice Joyce Abdulmalik, declined to vary the bail conditions the court granted el-Rufai on the grounds that the applicant did not provide cogent reasons that would warrant the variation of the bail conditions.
El-Rufai, through his lawyer, had urged the court vary some of the conditions attached to his bail, for being too stringent and difficult to meet.
He cited the requirements for level 17 civil servants with properties in Maitama or Asokoro, as well as verification and attestation letters from the Kaduna State traditional council.
But the prosecution opposed the request, insisting that qualified public officers who meet the conditions exist and urged the court to refuse the application.
Abdulmalik, in a short ruling, agreed with the prosecution, adding that there are civil servants who own properties at the said location.
She subsequently adjourned to September 22, for the filing of the no-case submission and continuation of trial.
The court had on May 18 admitted el-Rufai to bail in the sum of N100 million with one surety in like sum.
As part of the conditions attached to the bail, Abdulmalik ordered that the proposed surety must reside in either Maitama or Asokoro districts of Abuja, and must deposit the original Certificate of Occupancy of a landed property at the court’s registry.
The said surety, according to the judge, must be a federal civil servant not below Grade Level 17 and must also provide evidence of salary payments for at least three months, authenticated by a letter from the manager of the bank within the jurisdiction of the court.
Besides, the surety is to depose to an affidavit of means, enter into a bail bond, and submit a recent passport photograph to the court’s registry.
The court also directed that a verification letter from the surety’s immediate department be submitted, alongside a tax clearance certificate covering the last six months.
Meanwhile, Abdulmalik ordered el-Rufai to deposit all valid international passports with the court, stating that he can only travel with the court’s permission.
The judge further ordered the defendant to report to the headquarters of DSS every last Friday of the month by 10am to sign an attendance register pending the determination of the case.
The judge warned that failure to comply would lead to an automatic revocation of the bail.
The court additionally directed the defendant to submit a letter of attestation from Chairman of Kaduna Traditional Council.
The federal government had on April 23 arraigned el-Rufai on a five-count criminal charge bordering on alleged breach of national security.
He was specifically accused of wiretapping the telephone line of National Security Adviser (NSA), Nuhu Ribadu.
El-Rufai pleaded not guilty to the five-count amended charge read against him.
Although he had been granted bail, the ADC chieftain might remain in custody till September, when trial would resume, and probably till judgement is delivered, if he is unable to perfect the bail conditions.
El-Rufai has been in custody of various agencies of the federal government since February 16, when he was first taken into custody by Economic and Financial Crimes Commission (EFCC).