Alex Enumah in Abuja
A witness of the Department of State Service (DSS), yesterday, told a Federal High Court that the National Security Adviser (NSA), Nuhu Ribadu, admitted having the conversation which former Kaduna State governor, Mallam Nasir El-Rufai, claimed to have received from a source that wiretapped the NSA.
The witness simply identified as APC, for security reasons, stated this during the continuation of his evidence at the ongoing trial of the former minister and chieftain of the African Democratic Congress (ADC).
El-Rufai is standing trial on alleged breach of national security. He was specifically charged with wiretapping the communication of the NSA.
The former governor, while appearing as guest at a television programme in February, alleged that the NSA was behind plot to arrest him, adding that he got to know that through a source who wiretapped the phone conversation of Ribadu.
El-Rufai pleaded not guilty to the charge and has been admitted to bail in the sum of N100 million.
At the resumed trial before Justice Joyce Abdulmalik, yesterday, APC, who is the 1st Prosecution Witness (PW1), told the court that following the broadcast, investigators interviewed the NSA, who verbally confirmed that he actually had such discussion with the chairman of the Independent Corrupt Practices and other related offences Commission (ICPC), Musa Aliyu, SAN.
The witness further disclosed that the ICPC boss equally confirmed having the exact conversation with Ribadu after portions of the interview were played to him.
Meanwhile, counsel to the DSS, Mr Oluwole Aladedoye, SAN, sought to tender the silver flash drive containing the media interview and a certificate of compliance.
The senior lawyer, 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 the open court.
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, 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 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 Aniagolu confirmed that El-Rufai admitted during the interview that someone intercepted the conversation and passed it to him.
He said Aniagolu admitted that the former governor insisted during the interview that governments engage in such practices regularly.
Aladedoye later tendered statements obtained from 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.
Meanwhile, under cross examination by El-Rufai’s lawyer, Chief Paul Erokoro, SAN, the witness admitted not examining any communication device belonging to the NSA, obtaining IP addresses nor conducted forensic analysis of the alleged interception.
According to the witness, such steps were no longer necessary after the NSA confirmed the authenticity of the conversation referenced in the interview.
The witness, however, admitted that El-Rufai did not specifically state during the interview, that he personally carried out the interception.
He 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.