El’Rufai’s Alleged Wiretapping: Court admits in evidence reports of DSS Investigation, Rights Activist Deji Adeyanju, and Arise TV Anchorman

The Federal High Court in Abuja on Tuesday admitted in evidence a report of the Department of State Services (DSS) confirming claims by former Kaduna State governor, Mallam Nasir El’Rufai, that he bugged calls between the National Security Adviser (NSA), Mallam Nuhu Ribadu, and chairman, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Dr. Musa Aliyu.

The court also admitted in evidence statements by Arise television anchor, Mr. Charles Aniagolu, as well as those of human rights activist, Deji Adeyanju.

During proceedings, the prosecution played a 43-minute interview granted by El-Rufai on Arise Primetime News, where he stated that some associates of his were wiretapping conversations involving the NSA, and handing same over to him.
When reminded by the interviewer that the action could be illegal , El-Rufai stoutly justified it, arguing that the federal governments routinely monitors the telephone conversations of citizens.

The prosecution witness told the court that following the broadcast, investigators interviewed the NSA, who confirmed in person that the conversation El-Rufai spoke about indeed happened between him and the ICPC chairman.

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, Aniagolu, alongside activist-lawyer, Adeyanju, and an Arise cameraman were invited for questioning.
The witness 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.

According to the prosecution witness, investigation 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 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 he 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 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 hearing in the matter to June 22 and 23.