Nasir El-Rufai’s trial over allegations bordering on treason and breach of national security continued at the Federal High Court in Abuja on Tuesday with the prosecution presenting evidence aimed at establishing claims that the former governor intercepted a private conversation involving the National Security Adviser, NSA.
The prosecution played a 43-minute interview granted by El-Rufai on Arise News Television, where he allegedly stated that someone had wiretapped a conversation involving the NSA and forwarded it to him.
In the interview, El-Rufai defended the act by arguing that governments routinely monitor communications of others too.
A prosecution witness told the court that following the broadcast, investigators interviewed the NSA, Nuhu Ribadu, who confirmed that the conversation referenced by El-Rufai had indeed taken place between him and the Chairman of the Independent Corrupt Practices and other related offences Commission, ICPC.
According to the witness, the ICPC chairman also confirmed having such a discussion with the NSA after portions of the interview were played to him.
The witness further testified that the anchor of the programme, Charles Aniagolu, alongside activist-lawyer, Deji Adeyanju, and a cameraman were invited for questioning.
Investigators said Aniagolu confirmed that El-Rufai admitted during the interview that someone intercepted the conversation and passed it to him, while also insisting that governments engage in such practices regularly.
The prosecution tendered statements obtained from Aniagolu and Adeyanju, which were admitted by the court as Exhibits C, C1 and E respectively, without objection from the defence.
Another statement from an Arise TV cameraman, Ugochukwu Agalayana, was also admitted as Exhibit D after he confirmed setting up the equipment used during the interview, although he said he did not pay attention to the conversation itself.
According to the prosecution witness, 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.
The witness added that the investigation team considered the act capable of undermining national security and subsequently recommended his prosecution.
A preliminary investigation report tendered by the prosecution was admitted as Exhibit F.
Under cross-examination by defence counsel, Chief Paul Erokoro, SAN, the witness acknowledged that investigators did not examine any communication devices belonging to the NSA, obtain IP addresses, or conduct forensic analysis of the alleged interception.
He maintained however that such steps became unnecessary after the NSA reportedly confirmed the authenticity of the conversation referenced in the interview.
The witness also agreed that El-Rufai never specifically stated during the interview that he personally carried out the interception, but insisted that the former governor repeatedly stood by the claim that the conversation had been 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 responded that he considered El-Rufai as a person of integrity and believed he meant what he said during the broadcast.
Following the conclusion of cross-examination of the first prosecution witness, Justice Joyce Abdulmalik adjourned further trial in the matter to June 22 and 23.
