The State Security Service, SSS’ witness on Tuesday said that the National Security Adviser, NSA, Nuhu Ribadu, confirmed that the conversation referenced by former Governor Nasir El-Rufai of Kaduna State, in a media interview, indeed took place between them.
The witness, identified as “APC” for security reasons, made this statement in his evidence before Justice Joyce Abdulmalik of the Federal High Court in Abuja.
APC, who is the 1st prosecution witness (PW-1), told the court that following the broadcast, investigators interviewed the NSA who verbally confirmed that he actually had such discussion with the ICPC chairman, Musa Aliyu.
The SSS lawyer, Oluwole Aladedoye, SAN, then sought to tender the silver flash drive containing the media interview and a certificate of compliance in evidence.
Mr Aladedoye, who led the witness in evidence, said the flash drive was a replacement for the one that was faulty the previous day, which the court admitted in evidence.
The judge then directed that the video in the flash drive, containing an interview granted by El-Rufai to Arise News, be played in open cout.
The 43-minute long recorded video where the ex-governor allegedly stated that someone had wiretapped a conversation involving the NSA and forwarded it to him, was played.
In the interview, Mr El-Rufai made efforts to justify the act by arguing that governments routinely monitor communications.
The PW-1, who started giving evidence on Monday, said shortly after the interview was aired, investigators interviewed Messrs Ribadu and Aliyu.
The witness said the anchor of the programme, Charles Aniagolu; a lawyer, Deji Adeyanju, and a cameraman were invited for questioning.
The witness said Mr Aniagolu confirmed that Mr El-Rufai admitted during the interview that someone intercepted the conversation and passed it to him.
He said Mr Aniagolu admitted that the former governor insisted during the interview that governments engage in such practices regularly.
Mr Aladedoye later tendered statements obtained from Messrs Aniagolu and Adeyanju, which were admitted by the judge in evidence and marked as exhibits, without objection from the defence.
The judge also admitted another statement made by an Arise TV cameraman, Ugochukwu Agalayana, in evidence and marked as exhibit.
The witness said 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.
He added that the investigation team considered the act capable of undermining national security and subsequently recommended prosecution.
The prosecution counsel further tendered a preliminary investigation report, which the court also admitted in evidence and marked as exhibit.
While being cross-examined by Paul Erokoro, SAN, who took over from E. E. Ekere), the witness said he did not examine any communication device belonging to the NSA, obtain IP addresses or conduct forensic analysis of the alleged interception.
The witness told the Court that such steps were no longer necessary after the NSA confirmed the authenticity of the conversation referenced in the interview.
He admitted that El-Rufai did not specifically state during the interview, that he personally carried out the interception.
The PW-1, however, insisted that the former governor repeatedly stood by the claim that the conversation was tapped and forwarded to him.
On whether the defendant could merely have been boasting as a politician during a politically charged television appearance, the witness said he considered El-Rufai as a person of integrity and believed he meant what he said during the broadcast.
After the cross-examination, Justice Abdulmalik adjourned the matter until June 22 and June 23 for continuation of trial.
The News Agency of Nigeria earlier reported that Aladedoye accused the family of El-Rufai of allegedly inciting public opinion against the judiciary over the ex-governor’s detention and bail conditions.
The lawyer told the court that relatives of the former governor had repeatedly used social media and press engagement to portray the prosecution and security agencies as persecuting the defendant.
The former governor is being prosecuted over alleged breach of national security.
Mr El-Rufai, who was arraigned on April 23 for allegedly intercepting the phone conversations of the telephone line of the NSA, pleaded not guilty to the five-count further amended charge preferred against him.
NAN