A lawyer, Deji Adeyanju, on Monday, testified as the second prosecution witness in the alleged phone tapping case filed by the State Security Service (SSS) against former Kaduna State Governor Nasir El-Rufai.
Mr Adeyanju, who appeared before Judge Joyce Abdulmalik of the Federal High Court in Abuja, testified after the recording was played that the video reflected what he witnessed during the 13 February programme in which Mr El-Rufai made claims about intercepting the phone call of the National Security Adviser (NSA) Nuhu Ribadu.
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The witness, who is known for commentaries on public issues, identified Mr El-Rufai as “a very popular politician and former governor of Kaduna State” while giving evidence for the prosecution.
The SSS filed the charges against Mr El-Rufai in February after he claimed during an Arise Television interview that he listened to a telephone conversation involving the NSA, Mr Ribadu.
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According to Mr El-Rufai, the NSA ordered security operatives to arrest him. He linked the alleged directive to an incident at the Nnamdi Azikiwe International Airport on 12 February after his return from Cairo, Egypt.
The agency subsequently arraigned the former governor on 23 April on five charges alleging Mr El-Rufai illegal interception of Mr Ribadu’s phone cwll. He pleaded not guilty to the charges and was granted bail in the sum of N100 million.
The trial opened in May with the testimony of the first prosecution witness code named APC, who told the court that security operatives monitored the television programme and preserved the recording as part of their investigation.
Monday’s testimony
At Monday’s hearing, Mr Adeyanju presented the subpoena through which he was summoned to testify in the case.
The prosecution lawyer, Oluwole Aladedoye, a Senior Advocate of Nigeria (SAN), applied to tender the document as evidence. Mr El-Rufai’s lawyer, Paul Erokoro, also SAN, did not object.
The judge, Abdulmalik, admitted the document and marked it as Exhibit G.
Led in evidence by Mr Aladedoye, Mr Adeyanju recalled that on 12 February, reports emerged that Mr El-Rufai was either going to be arrested or invited by security agencies.
He said that before the television interview that led to the charges, he had publicly urged Mr El-Rufai to present himself for investigation, insisting that the matter was not politically motivated.
Mr Adeyanju told the court that Arise Television invited him to the programme on 13 February, the same day Mr El-Rufai granted the interview that forms the basis of the charges.
“I went to Arise, and El-Rufai was also on the show. My segment came after his. During his interview, I listened to him speak on many issues, and I countered many of the things he said because they were not true or were half-truths,” he said.
The prosecution lawyer then applied for the interview recording of Mr El-Rufai to be played in court. The court granted the application, and the same video earlier played during the testimony of the first prosecution witness was replayed.
PREMIUM TIMES reported that during the earlier proceedings on 18 May, Mr El-Rufai was heard saying that “the government used to listen to our calls” and that “someone tapped the National Security Adviser’s phone call” and informed him about an alleged order for his arrest.
After the video was replayed on Monday, Mr Adeyanju confirmed that it reflected what he “witnessed on 13 February.”
The prosecution then sought to tender Mr Adeyanju’s own recorded interview with the same anchor, Charles Aniagolu, alongside a certificate of compliance.
The court admitted the flash drive and the certificate and marked them as Exhibits H and H1, after Mr El-Rufai’s lawyer raised no objection.
Video of Adeyanju’s interview played in court
In the video, the anchor, Mr Aniagolu, asked Mr Adeyanju whether he believed the government truly intended to arrest Mr El-Rufai.
Mr Adeyanju said the SSS would have arrested him at the airport if that was their intention. He also referred to a claim that the ICPC was already investigating Mr El-Rufai at the time.
Responding to questions on whether Mr El-Rufai had said he would honour an EFCC invitation, Mr Adeyanju maintained that he did not believe an airport arrest was likely. “I don’t think so, knowing the kind of person that he is,” he said.
He explained that the SSS might have only met Mr El-Rufai at the airport because he was already on a watch list. “So once your name is there, the first thing is to confiscate the passport,” he said.
He added that no one was being persecuted, insisting that any assessment of persecution should be compared with events during Mr El-Rufai’s time as governor.
He also said Mr El-Rufai should be investigated for alleged corruption, adding that such investigation should precede prosecution. “So he can defend himself in court,” he said.
He further said in the video that “the oppressor of yesterday cannot suddenly become the hero of today,” while referencing demolition of properties belonging to political opponents during Mr El-Rufai’s tenure.
He claimed in the video that Mr El-Rufai is an ardent violator of human rights, adding that he “showed no remorse,” after all he persecuted during his tenure as governor and described Mr El-Rufai’s current situation as “karma.”
After the video ended, Mr Adeyanju explained in court that after he granted the interview, he received information from the SSS instructing him to appear at their office. He said he complied and later “reluctantly made a statement.”
“I confirmed that El-Rufai said that someone tapped and gave him the information. I put all that into writing,” he said.
He was shown his statement, marked as Exhibit E, which he confirmed.
Cross-examination
During cross-examination, defence lawyer Mr Erokoro asked whether Mr Adeyanju heard Mr El-Rufai say in the video that he tapped a phone call.
Mr Adeyanju responded that Mr El-Rufai said “we listened to their calls.”
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Responding to another question from Mr Erokoro, the witness said, “If someone says a call was hacked, I will report it because I do not know how it was hacked,” he said.
Mr Erokoro suggested that it would not amount to tapping if a person speaks on speaker phone and others hear it
The prosecution objected to the line of questioning, but the defence relied on Section 7 of the Evidence Act, arguing that the questions were relevant to explaining the witness’s testimony.
The witness said that if he had been present when a phone conversation was played on speaker, he would not have lied about it.
He said he did not know whether the NSA made calls in a way that others could hear, adding that it was not his concern.
Mr Erokoro put it to him whether he would be surprised if the NSA was asked which of his devices was hacked and also suggested that the NSA may not be able to identify the device involved. But Mr Adeyanju said he had no opinion on the matter.
He added that he only appeared in court because he had been summoned and had “no choice.”
After the testimony, Judge Abdulmalik adjourned the case until Tuesday (23 June) for continuation of trial.
PREMIUM TIMES also reported that Mr El-Rufai, once an ally of President Bola Tinubu, later became a critic of the president. He supported Mr Tinubu during the 2023 presidential election on the platform of the All Progressives Congress (APC).
During the campaign, Mr Tinubu publicly encouraged Mr El-Rufai, then outgoing governor of Kaduna State, to abandon plans for private life and consider roles in his administration if elected.
Their relationship later turned sour after Mr Tinubu’s failed attempt to appoint Mr El-Rufai as a minister. The Senate declined to confirm him, citing security concerns.
Mr El-Rufai is currently facing several cases in Kaduna linked to his actions, including alleged corruption, while serving as governor.
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