The prosecution in the ongoing trial of former Kaduna State governor Nasir el-Rufai has informed a Federal High Court in Abuja that the defendant was relocated from the custody of the Independent Corrupt Practices and Other Related Offences Commission to the Department of State Services. This move followed alleged media attacks and public controversy surrounding his detention.
El-Rufai faces a five-count charge related to comments he reportedly made during a television interview, in which he claimed that phone conversations involving the National Security Adviser, Nuhu Ribadu, had been intercepted. During proceedings on Tuesday, May 19, prosecuting counsel Oluwole Aladedoye told the court that actions by members of the defendant's family influenced the decision to transfer him to DSS custody.
Aladedoye recalled an incident on May 15 in which one of El-Rufai's wives allegedly arrived at the ICPC facility with cameramen and livestreamed claims that the former governor was being denied food and access to family members. The prosecutor also accused politician Timi Frank of publishing claims suggesting El-Rufai could be harmed while in custody.
According to Aladedoye, these developments prompted security agencies to move the former governor to DSS custody “to avoid further controversy.” He further alleged that members of El-Rufai's family attempted to “weaponize the media” and incite public opinion against the judiciary over the former governor's detention and bail conditions.
Aladedoye told the court that El-Rufai's relatives repeatedly used social media and press engagements to portray the prosecution and security agencies as persecuting the defendant. He said tensions escalated after two of El-Rufai's wives and one of his sons reportedly went to DSS headquarters alongside journalists and publicly criticised the bail conditions imposed by the court.
According to the prosecutor, rather than pursuing legal channels, the family resorted to media campaigns capable of undermining public confidence in the judiciary. Aladedoye urged the court to caution El-Rufai and his family members against further public criticism, stressing that the matter before the court was a criminal prosecution and not political persecution.
Responding, defence lawyer E. E. Ekere denied knowledge of the allegations raised by the prosecution and argued that the defendant should not be held responsible for comments allegedly made outside the courtroom. Ekere assured the court that the defence team would advise family members and sympathisers to exercise restraint.
Presiding judge Joyce Abdulmalik said she pays no attention to narratives circulating on social media and instructed that online controversies should remain outside courtroom proceedings. During the hearing, the prosecution tendered a flash drive containing a recording of a 43-minute interview El-Rufai granted to Arise News.
The court admitted the flash drive and accompanying certificate of compliance into evidence. According to the prosecution, El-Rufai allegedly stated during the interview that someone had wiretapped a conversation involving the National Security Adviser and forwarded the recording to him.
The former governor reportedly defended the practice during the interview, arguing that governments routinely monitor communications. The first prosecution witness, identified only as APC, continued his testimony on Tuesday, May 19.
The witness told the court that investigators later interviewed Ribadu, who verbally confirmed that the conversation referenced by El-Rufai had indeed taken place between him and the chairman of the ICPC. According to the witness, the ICPC chairman also confirmed the discussion after portions of the interview were played to him.
Investigators subsequently invited the programme anchor, Charles Aniagolu, lawyer Deji Adeyanju, and a cameraman for questioning. The witness said Aniagolu confirmed that El-Rufai admitted during the interview that someone intercepted the conversation and passed it to him.
Statements obtained from Aniagolu, Adeyanju and an Arise TV cameraman, Ugochukwu Agalayana, were later admitted into evidence without opposition from the defence. The prosecution also tendered a preliminary investigation report, which was accepted by the court.
Under cross-examination by defence lawyer Paul Erokoro, the witness admitted that investigators did not examine any communication devices belonging to the NSA, obtain IP addresses or conduct forensic analysis relating to the alleged interception. The witness argued that those steps became unnecessary after the NSA confirmed the authenticity of the conversation referenced during the interview.
He also acknowledged that El-Rufai did not specifically claim to have personally carried out the interception but maintained that the former governor repeatedly stood by the assertion that the conversation had been tapped and forwarded to him. When asked whether El-Rufai may simply have been exaggerating during a politically charged television appearance, the witness said he considered the former governor “a person of integrity” and believed he meant what he said.
Justice Abdulmalik later adjourned further hearing in the matter until June 22 and 23.
