The trial of former Kaduna State governor, Nasir El-Rufai, over alleged treason and breach of national security resumed on Tuesday at the Federal High Court in Abuja.
At the sitting, a prosecution witness told the court that the National Security Adviser and the chairman of the Independent Corrupt Practices and Other Related Offences Commission confirmed the authenticity of a conversation allegedly referenced by El-Rufai during a television interview.
The prosecution played before the court a 43-minute interview granted by El-Rufai on Arise Television, during which he allegedly claimed that a private conversation involving the NSA, Nuhu Ribadu, had been intercepted and forwarded to him.
The former Kaduna State Governor is facing an amended five-count charge over alleged unlawful interception of communications involving the NSA and alleged threats to national security.
The Federal Government, through the Department of State Service, accused the former governor of unlawfully intercepting communications contrary to the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
According to the witness, investigators subsequently interviewed Ribadu, who reportedly confirmed that the conversation referenced by El-Rufai took place between him and the ICPC chairman.
The witness added that the ICPC chairman also confirmed the discussion after portions of the interview were played to him.
In the broadcast played in court, El-Rufai allegedly defended the interception by arguing that governments routinely monitor communications.
The prosecution further told the court that the programme’s anchor, Charles Aniagolu, activist-lawyer, Deji Adeyanju, and a cameraman attached to the station were invited for questioning as part of the investigations.
Investigators said Aniagolu confirmed that El-Rufai admitted during the interview that someone intercepted the conversation and sent it to him, while also insisting that such practices were common among governments.
Statements obtained from Aniagolu and Adeyanju were admitted in evidence as Exhibits C, C1 and E without objection from the defence.
Another statement made by an Arise TV cameraman, Ugochukwu Agalayana, was admitted as Exhibit D after he confirmed setting up the recording equipment used for the interview, although he told investigators he did not pay attention to the discussion.
The prosecution witness stated that investigators concluded from the interview that El-Rufai made what they described as an “open confession” concerning the interception of the NSA’s conversation.
He added that the investigation team considered the act capable of undermining national security and subsequently recommended the former governor’s prosecution.
A preliminary investigation report tendered by the prosecution was admitted as Exhibit F.
However, under cross-examination by defence counsel, Chief Paul Erokoro (SAN), the witness admitted that investigators neither examined any communication devices belonging to the NSA nor obtained IP addresses or conducted forensic analysis relating to the alleged interception.
The witness, however, maintained that such steps became unnecessary after Ribadu reportedly confirmed the authenticity of the conversation referenced during the interview.
He also agreed that El-Rufai never expressly stated during the interview that he personally carried out the interception.
The witness nevertheless insisted that the former governor repeatedly stood by the claim that the conversation had been tapped and forwarded to him.
When asked whether El-Rufai could merely have been making political boasts during a heated television appearance, the witness said he regarded the former governor as a man of integrity and believed he meant what he said.
Following the conclusion of cross-examination, Justice Joyce Abdulmalik adjourned further hearing in the case till June 22 and 23.
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