A Kaduna State High Court has overruled an objection by former Kaduna State Governor Nasir El-Rufai to the testimony of a Department of State Services (DSS) digital forensic examiner in his ongoing corruption trial, allowing the witness to continue giving evidence.
Justice Darius Khobo delivered the ruling after El-Rufai’s defence team challenged the appearance of the witness, Segun Kayode, arguing that his name and a summary of his expected testimony were not included in the prosecution’s proof of evidence.
The defence counsel, Paul Erokoro, a Senior Advocate of Nigeria (SAN), argued that the omission deprived his client of adequate notice to prepare for the evidence and effectively cross-examine the witness. He maintained that the prosecution should not be permitted to introduce evidence without giving the defence sufficient opportunity to examine its contents.
Erokoro also objected to the submission of a forensic report, describing the procedure as an ambush and raising concerns about his client’s right to a fair hearing. He argued that the prosecution’s use of a subpoena did not remove its obligation to disclose relevant evidence to the defence in advance.
However, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ayodeji Adedipe (SAN), opposed the objection, arguing that the witness had been subpoenaed by the court and that his absence from the prosecution’s witness list did not automatically prevent him from testifying.
In his ruling, Justice Khobo acknowledged that the witness’s name and evidence summary were missing from the proof of evidence. However, he held that court records confirmed the issuance of a subpoena and ruled that the omission did not automatically render the testimony inadmissible.
The judge further held that the defence’s concerns could be addressed by allowing it to cross-examine the witness. He consequently overruled the objection and permitted Kayode to proceed with his testimony.
The court also addressed the defence’s complaint that it had not received an advance copy of the forensic report. Justice Khobo directed the defence to obtain a certified true copy of the document admitted as Exhibit One from the court registry so it could examine the material.
During his testimony, Kayode told the court that he and his team had analysed call data records and audio recordings allegedly linked to El-Rufai and some of his associates. He said the investigation followed a formal request from the ICPC and was authorised through the DSS leadership.
The forensic examiner explained that his team examined communication records involving selected telephone numbers and identified repeated contacts among individuals linked to the investigation. He said the findings prompted further analysis of audio recordings obtained from the DSS communication intelligence unit.
Kayode also testified that his team created a forensic image of the original audio file and produced duplicate copies while preserving the original recording. He said technical and voice analyses were conducted to assess the recording’s integrity and determine whether it had been artificially generated or manipulated.
The witness made further allegations concerning conversations that he said related to attempts to frustrate investigations by the Economic and Financial Crimes Commission (EFCC) into companies linked to El-Rufai and some of his associates. These claims form part of the prosecution’s evidence and have not been established as facts by a final court judgment.
The proceedings lasted several hours, with the court hearing arguments over the admissibility of the evidence before the witness continued his testimony. The defence is expected to challenge the evidence during cross-examination when the case resumes.
El-Rufai appeared at the court amid tight security, accompanied by Isa Ashiru, the African Democratic Congress (ADC) governorship candidate in Kaduna State. The former governor is being prosecuted by the ICPC over alleged financial misconduct relating to his tenure as governor from 2015 to 2023. He has denied wrongdoing and is entitled to the presumption of innocence unless proven guilty.
The court adjourned the matter until November 30 and December 1, 2026, for further proceedings, including the continuation of cross-examination of the DSS forensic witness.
The ruling allows the prosecution’s witness to give evidence but does not determine the truth of the allegations against El-Rufai. The defence will have the opportunity to test the witness’s account and challenge the forensic findings as the trial continues.
You must be logged in to post a comment.