El-Rufai treason trial resumed in Abuja as prosecutors presented evidence over alleged intercepted NSA conversation

The trial of former Kaduna State governor Nasir El-Rufai over alleged treason and national security breaches resumed on Tuesday at the Federal High Court in Abuja.

Also read: Court grants Nasir El-Rufai N100m bail in Abuja case

During the proceedings, a prosecution witness told the court 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 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 the former governor allegedly claimed that a private discussion involving Ribadu had been intercepted and forwarded to him.

The Federal Government, through the Department of State Services, is prosecuting El-Rufai on an amended five-count charge bordering on alleged unlawful interception of communications and threats to national security.

Prosecutors accused the former governor of violating provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.

According to the witness, investigators later interviewed Ribadu, who reportedly confirmed that the conversation mentioned by El-Rufai actually took place between him and the ICPC chairman.

The witness added that the ICPC chairman also acknowledged the discussion after portions of the television interview were played to him during investigations.

In the broadcast shown in court, El-Rufai allegedly defended the interception by arguing that governments routinely monitor communications as part of state security operations.

The prosecution further informed the court that the programme anchor, Charles Aniagolu, activist-lawyer Deji Adeyanju and a cameraman attached to the station were also invited for questioning.

Investigators said Aniagolu confirmed that El-Rufai admitted during the interview that somebody intercepted the conversation and forwarded it to him while insisting that such surveillance practices were common among governments.

Statements obtained from Aniagolu and Adeyanju were admitted as Exhibits C, C1 and E without objection from the defence team.

Another statement made by Arise Television cameraman Ugochukwu Agalayana was admitted as Exhibit D after he confirmed setting up the recording equipment used during the interview.

However, Agalayana reportedly told investigators that he did not pay attention to the actual 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.

According to the witness, the investigation team considered the alleged act capable of undermining national security and subsequently recommended prosecution.

A preliminary investigation report tendered by the prosecution was admitted by the court as Exhibit F.

During cross-examination, defence counsel, Chief Paul Erokoro, challenged the scope of the investigation.

The witness admitted that investigators did not examine any communication devices belonging to the NSA, obtain IP addresses or conduct forensic analysis relating to the alleged interception.

He maintained, however, that such steps became unnecessary after Ribadu reportedly confirmed the authenticity of the conversation referenced during the television interview.

The witness also acknowledged that El-Rufai never expressly stated during the interview that he personally carried out the interception.

Despite this, the prosecution 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 engaging in political rhetoric during a heated television discussion, the witness said he considered the former governor a man of integrity and believed he meant what he said.