A witness from the Department of State Services (DSS) testified on Tuesday that the National Security Adviser (NSA), Nuhu Ribadu, and the Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Musa Aliyu, both confirmed that the conversation referenced by former Kaduna State Governor Nasir El-Rufai in a media interview actually took place between them. The witness, identified only as APC for security reasons, gave this testimony while continuing his evidence before Justice Joyce Abdulmalik of the Federal High Court in Abuja.
Witness Details Testimony
APC, who is the first prosecution witness (PW-1), told the court that after the broadcast of the interview, investigators spoke with the NSA, who verbally confirmed that he indeed had such a discussion with the ICPC chairman. Additionally, the witness stated that Aliyu also confirmed having the exact conversation with Ribadu after portions of the interview were played to him.
The DSS lawyer, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), then sought to tender a silver flash drive containing the media interview and a certificate of compliance as evidence. Aladedoye, who led the witness, explained that the flash drive was a replacement for a faulty one from the previous day, which the court had already admitted as evidence.
The judge directed that the video on the flash drive, which contained an interview granted by El-Rufai to Arise News, be played in open court. The 43-minute recorded video showed the former governor allegedly stating that someone had wiretapped a conversation involving the NSA and forwarded it to him. During the interview, El-Rufai attempted to justify the act by arguing that governments routinely monitor communications.
Investigation Details
The PW-1, who began giving evidence on Monday, said that shortly after the interview was aired, investigators interviewed Ribadu and Aliyu. The witness also stated that the anchor of the programme, Charles Aniagolu; a lawyer, Deji Adeyanju; and a cameraman were invited for questioning. The witness confirmed that Aniagolu admitted that El-Rufai acknowledged during the interview that someone intercepted the conversation and passed it to him. Aniagolu further confirmed that the former governor insisted that governments regularly engage in such practices.
Aladedoye later tendered statements obtained from Aniagolu and Adeyanju, which were admitted by the judge as evidence and marked as exhibits without objection from the defence. The judge also admitted another statement made by Arise TV cameraman Ugochukwu Agalayana as evidence.
The witness stated that investigators concluded that El-Rufai made what they described as an “open confession” during the television interview regarding the interception of the NSA’s conversation. He added that the investigation team considered the act capable of undermining national security and subsequently recommended prosecution. The prosecution counsel further tendered a preliminary investigation report, which the court also admitted as evidence.
Cross-Examination
During cross-examination by Paul Erokoro, SAN, who took over from E. E. Ekere, the witness said he did not examine any communication device belonging to the NSA, obtain IP addresses, or conduct forensic analysis of the alleged interception. The witness told the court that such steps were no longer necessary after the NSA confirmed the authenticity of the conversation referenced in the interview. He admitted that El-Rufai did not specifically state during the interview that he personally carried out the interception. However, the PW-1 insisted that the former governor repeatedly stood by the claim that the conversation was tapped and forwarded to him.
When asked whether the defendant could merely have been boasting as a politician during a politically charged television appearance, the witness said he considered El-Rufai as a person of integrity and believed he meant what he said during the broadcast.
Court Adjournment and Allegations
After the cross-examination, Justice Abdulmalik adjourned the matter until June 22 and June 23 for continuation of trial. Meanwhile, Aladedoye accused the family of El-Rufai of allegedly inciting public opinion against the judiciary over the ex-governor’s detention and bail conditions. The lawyer told the court that relatives of the former governor had repeatedly used social media and press engagement to portray the prosecution and security agencies as persecuting the defendant.
The former governor is being prosecuted over alleged breach of national security. El-Rufai, who was arraigned on April 23 for allegedly intercepting the phone conversations of the NSA’s telephone line, pleaded not guilty to the five-count further amended charge preferred against him.
