The Federal High Court in Abuja on Tuesday heard that National Security Adviser (NSA), Nuhu Ribadu, confirmed the existence of a conversation referenced by former Kaduna State Governor, Nasir El-Rufai, during a television interview.
The disclosure was made by a Department of State Services (DSS) witness, identified only as “APC”, while testifying before Justice Joyce Abdulmalik in the ongoing trial involving alleged national security violations.
The witness, who appeared as the first prosecution witness, said investigators interviewed Ribadu after El-Rufai’s appearance on Arise News and received verbal confirmation that the discussion involving the NSA and ICPC Chairman Musa Aliyu had indeed taken place.
During proceedings, DSS counsel Oluwole Aladedoye, SAN, tendered a flash drive containing the televised interview, along with a certificate of compliance.
The court admitted the evidence and directed that the 43-minute interview be played openly in court.
In the interview, El-Rufai allegedly stated that an intercepted conversation involving the NSA had been forwarded to him.
He reportedly defended such surveillance practices by suggesting that governments regularly monitor communications.
The witness further told the court that investigators subsequently questioned Arise News anchor Charles Aniagolu, lawyer Deji Adeyanju and cameraman Ugochukwu Agalayana.
According to the witness, Aniagolu confirmed that El-Rufai acknowledged during the programme that the conversation had been intercepted and passed to him.
Statements made by Aniagolu, Adeyanju and Agalayana were admitted in evidence by the court without objection from the defence team.
The prosecution also tendered a preliminary investigation report, which was accepted by the court as an exhibit.
The DSS witness said investigators concluded that El-Rufai’s comments during the interview amounted to an “open confession” concerning the interception of the NSA’s communication.
He stated that the alleged act was considered a threat to national security and led to the recommendation for prosecution.
During cross-examination by defence counsel Paul Erokoro, SAN, the witness admitted that no forensic examination was carried out on communication devices linked to the NSA, nor were IP addresses traced.
However, he argued that further forensic investigation became unnecessary after Ribadu confirmed the authenticity of the conversation.
The witness also acknowledged that El-Rufai did not expressly state during the interview that he personally intercepted the communication.
Nonetheless, he maintained that the former governor consistently affirmed that the conversation had been tapped and delivered to him.
Responding to suggestions that El-Rufai might merely have been boasting during a political interview, the witness said he believed the former governor was serious in his remarks.
Justice Abdulmalik adjourned the case until June 22 and June 23 for continuation of hearing.
El-Rufai is facing a five-count amended charge over the alleged interception of the NSA’s telephone conversations and has pleaded not guilty to all charges.
