The trial of former Nasir El-Rufai over alleged treason and breach of national security resumed on Monday at the Federal High Court in Abuja, with the prosecution presenting evidence linked to an alleged intercepted conversation involving the National Security Adviser (NSA).
During the proceedings, prosecutors played a 43-minute television interview in which El-Rufai allegedly disclosed that a private conversation involving the NSA had been wiretapped and forwarded to him by an unnamed individual.
According to the prosecution, the former Kaduna governor defended the act during the interview, arguing that governments around the world routinely monitor communications.
A prosecution witness told the court that investigators subsequently interviewed the National Security Adviser, who verbally 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).
The witness further stated that the ICPC Chairman also acknowledged the discussion after portions of the interview were played to him.
As part of the investigation, television anchor Charles Aniagolu, activist-lawyer Deji Adeyanju, and cameraman Ugochukwu Agalayana were invited for questioning.
Aniagolu reportedly confirmed that El-Rufai admitted during the interview that the conversation had been intercepted and passed to him, while maintaining that such surveillance practices were common among governments.
Statements obtained from Aniagolu and Adeyanju were tendered and admitted by the court as Exhibits C, C1 and E without objection from the defence.
Another statement from Agalayana was admitted as Exhibit D after he confirmed setting up the recording equipment used for the interview, although he said he did not pay close attention to the discussion.
The prosecution witness said investigators concluded that El-Rufai made what they described as an “open confession” regarding the intercepted conversation and recommended his prosecution on grounds that the act could undermine national security.
A preliminary investigation report submitted by the prosecution was admitted as Exhibit F.
Under cross-examination by defence counsel, Paul Erokoro, the witness admitted that investigators neither examined communication devices belonging to the NSA nor carried out forensic analysis, including tracing IP addresses linked to the alleged interception.
However, the witness maintained that such procedures became unnecessary after the NSA reportedly confirmed the authenticity of the conversation.
He also conceded that El-Rufai never directly claimed responsibility for intercepting the conversation himself, but insisted that the former governor repeatedly stood by the claim that the discussion had been tapped and sent to him.
When asked whether El-Rufai could have been exaggerating during a politically charged television appearance, the witness replied that he regarded the former governor as “a person of integrity” who meant what he said.
Following the conclusion of cross-examination of the first prosecution witness, Justice Joyce Abdulmalik adjourned further hearing in the case until June 22 and 23.
