A prosecution witness on Tuesday told the Federal High Court in Abuja that the National Security Adviser, Nuhu Ribadu, and the Chairman of the Independent Corrupt Practices and Other Related Offences Commission confirmed the authenticity of a conversation allegedly referenced by former Kaduna State Governor, Nasir El-Rufai, during a television interview.
The witness testified during the resumed hearing of El-Rufai’s trial over allegations bordering on treason and breach of national security.
El-Rufai is standing trial on an amended five-count charge filed by the Federal Government over the alleged unlawful interception of communications involving the National Security Adviser and actions deemed threatening to national security.
During proceedings, the prosecution played a 43-minute interview granted by El-Rufai on Arise Television, where he reportedly claimed that a private discussion involving Ribadu had been intercepted and forwarded to him.
According to the prosecution witness, investigators later questioned Ribadu, who confirmed that the conversation cited by El-Rufai occurred between him and the ICPC chairman.
“The NSA confirmed that the conversation referenced by the defendant actually took place,” the witness told the court, adding that the ICPC chairman also verified the discussion after investigators played portions of the interview to him.
The Federal Government, through the Department of State Services, accused El-Rufai of unlawfully intercepting communications in violation of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
In the interview played in court, El-Rufai allegedly defended the interception, stating that governments commonly monitor communications.
As part of the investigation, the prosecution said Arise Television anchor, Charles Aniagolu, activist-lawyer Deji Adeyanju, and a cameraman attached to the station were invited for questioning.
The witness said Aniagolu confirmed that El-Rufai admitted during the interview that an unnamed individual intercepted the conversation and forwarded it to him.
“He stated during the interview that someone tapped the conversation and sent it to him while maintaining that governments engage in such practices,” the witness testified.
Statements obtained from Aniagolu and Adeyanju were admitted as evidence without objection from the defence, while a statement by Arise TV cameraman, Ugochukwu Agalayana, was also admitted after he confirmed setting up the recording equipment used for the interview.
Although Agalayana reportedly told investigators that he did not pay attention to the interview’s content, the prosecution maintained that the evidence gathered suggested El-Rufai made what investigators described as an “open confession” regarding the intercepted conversation.
The witness said investigators believed the alleged act had the potential to undermine national security, prompting a recommendation for El-Rufai’s prosecution. A preliminary investigation report was also admitted by the court as evidence.
However, under cross-examination, defence counsel, Chief Paul Erokoro (SAN), questioned the thoroughness of the investigation.
The prosecution witness admitted that investigators neither examined communication devices belonging to the NSA nor obtained IP addresses or carried out forensic analysis linked to the alleged interception.
Despite this, the witness maintained that such steps were unnecessary because Ribadu had reportedly confirmed the authenticity of the conversation mentioned during the television interview.
The witness also acknowledged that El-Rufai never directly claimed responsibility for intercepting the conversation.
“He did not expressly state that he personally intercepted the communication,” the witness admitted, while insisting that the former governor repeatedly stood by his claim that the discussion had been tapped and forwarded to him.
When asked whether El-Rufai could have been exaggerating during a politically charged television appearance, the witness said he believed the former governor meant what he said.
“I consider him a man of integrity and believed he meant what he said,” the witness added.
Following the conclusion of cross-examination, Justice Joyce Abdulmalik adjourned the case until June 22 and 23 for further hearing.
