Lawyer Deji Adeyanju on Monday testified as the second prosecution witness in the alleged phone tapping case filed by the State Security Service (SSS) against former Kaduna State Governor Nasir El-Rufai. Appearing before Judge Joyce Abdulmalik of the Federal High Court in Abuja, Adeyanju confirmed that a video recording played in court accurately reflected what he witnessed during a 13 February television programme in which El-Rufai claimed to have intercepted a phone call of National Security Adviser (NSA) Nuhu Ribadu.
Adeyanju identifies El-Rufai in court
Adeyanju, known for his public commentaries, identified El-Rufai as “a very popular politician and former governor of Kaduna State” while giving evidence for the prosecution. The SSS filed charges against El-Rufai in February after he stated during an Arise Television interview that he listened to a telephone conversation involving NSA Ribadu. According to El-Rufai, the NSA ordered security operatives to arrest him, linking the alleged directive to an incident at the Nnamdi Azikiwe International Airport on 12 February following his return from Cairo, Egypt. The agency arraigned the former governor on 23 April on five charges alleging illegal interception of Ribadu’s phone call. He pleaded not guilty and was granted bail of N100 million.
Testimony and evidence presented
At Monday’s hearing, Adeyanju presented a subpoena through which he was summoned to testify. Prosecution lawyer Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), applied to tender the document as evidence. El-Rufai’s lawyer, Paul Erokoro (SAN), did not object. Judge Abdulmalik admitted the document and marked it as Exhibit G. Led in evidence by Aladedoye, Adeyanju recalled that on 12 February, reports emerged that El-Rufai would be arrested or invited by security agencies. Before the television interview leading to the charges, Adeyanju had publicly urged El-Rufai to present himself for investigation, insisting the matter was not politically motivated.
Adeyanju told the court that Arise Television invited him to the programme on 13 February, the same day El-Rufai granted the interview. “I went to Arise, and El-Rufai was also on the show. My segment came after his. During his interview, I listened to him speak on many issues, and I countered many of the things he said because they were not true or were half-truths,” he said. The prosecution then applied for the interview recording to be played in court. The court granted the application, and the same video earlier played during the first prosecution witness’s testimony was replayed.
Video replay and Adeyanju’s interview
During the earlier proceedings on 18 May, El-Rufai was heard saying that “the government used to listen to our calls” and that “someone tapped the National Security Adviser’s phone call” and informed him about an alleged arrest order. After the video was replayed on Monday, Adeyanju confirmed it reflected what he “witnessed on 13 February.” The prosecution then sought to tender Adeyanju’s own recorded interview with anchor Charles Aniagolu, alongside a certificate of compliance. The court admitted the flash drive and certificate as Exhibits H and H1 after no objection from the defence.
In the video, Aniagolu asked Adeyanju whether he believed the government intended to arrest El-Rufai. Adeyanju said the SSS would have arrested him at the airport if that were their intention. He referred to a claim that the ICPC was already investigating El-Rufai. Responding to questions on whether El-Rufai said he would honour an EFCC invitation, Adeyanju maintained he did not believe an airport arrest was likely. “I don’t think so, knowing the kind of person that he is,” he said. He explained the SSS might have met El-Rufai at the airport because he was on a watch list. “So once your name is there, the first thing is to confiscate the passport,” he said. He added that no one was being persecuted and that any assessment of persecution should be compared with events during El-Rufai’s governorship. He also said El-Rufai should be investigated for alleged corruption, with investigation preceding prosecution. “So he can defend himself in court,” he said. He further stated that “the oppressor of yesterday cannot suddenly become the hero of today,” referencing demolition of properties belonging to political opponents during El-Rufai’s tenure. He claimed El-Rufai is an ardent violator of human rights, showing “no remorse,” and described his current situation as “karma.”
Cross-examination and adjournment
After the video ended, Adeyanju explained that he received information from the SSS instructing him to appear at their office. He complied and “reluctantly made a statement.” “I confirmed that El-Rufai said that someone tapped and gave him the information. I put all that into writing,” he said. He was shown his statement, marked as Exhibit E, which he confirmed. During cross-examination, defence lawyer Erokoro asked whether Adeyanju heard El-Rufai say in the video that he tapped a phone call. Adeyanju responded that El-Rufai said “we listened to their calls.” Responding to another question, the witness said, “If someone says a call was hacked, I will report it because I do not know how it was hacked.” Erokoro suggested that speaking on speaker phone does not amount to tapping. The prosecution objected, but the defence relied on Section 7 of the Evidence Act. The witness said if he had been present when a phone conversation was played on speaker, he would not have lied about it. He said he did not know whether the NSA made calls in a way others could hear. Erokoro asked if he would be surprised if the NSA could not identify the device involved. Adeyanju said he had no opinion, adding that he appeared in court because he was summoned and had “no choice.” Judge Abdulmalik adjourned the case until Tuesday (23 June) for continuation of trial.
Background on El-Rufai’s political shift
El-Rufai, once an ally of President Bola Tinubu, later became a critic. He supported Tinubu during the 2023 presidential election on the APC platform. During the campaign, Tinubu encouraged El-Rufai to consider roles in his administration. Their relationship soured after Tinubu’s failed attempt to appoint El-Rufai as minister; the Senate declined to confirm him, citing security concerns. El-Rufai currently faces several cases in Kaduna linked to alleged corruption during his tenure as governor.
