Proceedings in the alleged fund misappropriation case against former Kaduna State Governor Nasir El-Rufai were postponed on Tuesday by the Kaduna State High Court, with the trial now slated to resume on November 30 and December 1 for the continuation of cross-examining a digital forensic expert from the Department of State Services.
The adjournment came after the court overruled an objection by El-Rufai’s defence team to the testimony of the forensic expert, Shegun Kayode, who was subpoenaed to testify in the case.
Presiding judge, Justice Darius Khobo, ruled that the prosecution could call the witness despite the fact that his name and summary of evidence were not included in the prosecution’s witness list.
The judge held that the defence’s right to a fair hearing could be protected by allowing it to cross-examine the witness.
The ruling followed an objection by El-Rufai’s senior counsel, Paul Erokoro, SAN, who argued that the defence had not received the witness’s evidence summary or the subpoena.
Erokoro said the omission denied the defence adequate notice to prepare for the cross-examination and understand the case it was required to answer.
However, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ayodele Adedipe, argued that failure to include a subpoenaed witness in the proof of evidence did not automatically make the testimony inadmissible.
In his ruling, Justice Khobo confirmed that the witness had been subpoenaed through an order signed by the court on June 30, 2026.
The judge said the defence could address its concerns about fair hearing through cross-examination.
Earlier, Kayode told the court that the DSS conducted a forensic examination of communication records and audio recordings allegedly linked to El-Rufai and some associates at the request of the ICPC.
He said the exercise followed a formal request from the commission and approval by the director-general of the DSS.
According to the witness, specialised software revealed two-way communications involving El-Rufai, his brother and another person between October 25 and 28, 2025.
He said the findings prompted further analysis of audio recordings obtained from a communication intelligence server.
Kayode said the DSS telecommunications intelligence unit provided the call data records through a secure server in line with the service’s procedures for preserving electronic evidence.
He told the court that his team made four duplicate copies of the original audio recording while preserving the original to protect the integrity of the evidence.
The witness said the examination involved analysing vocal characteristics, background noise and electromagnetic interference.
He said the results indicated that the audio originated from a human voice in a natural environment rather than being artificially generated.
Kayode added that he conducted biometric voice analysis using another forensic tool to examine the speaker’s voice.
According to him, the recording allegedly contained a conversation between El-Rufai and his elder brother about plans to liquidate a company, Singularity, halt an ongoing Economic and Financial Crimes Commission (EFCC) case involving the company and prevent an investigation into another company, IHS.
He further alleged that the conversation referred to $500,000 and $100,000 purportedly set aside to settle EFCC officials and an intermediary.
The allegations formed part of the witness’s account of the forensic findings and have yet to be established by the court.
Kayode said he prepared a detailed forensic investigative report and submitted it to the court as evidence.
However, Erokoro objected to the tendering of the document, arguing that the prosecution could not introduce additional evidence through a subpoenaed witness without following the appropriate legal procedure.
In response, Adedipe described the objection as unfounded, arguing that the court had earlier ruled that evidence from a subpoenaed witness did not necessarily have to be included in the proof of evidence.
After hearing arguments from both parties, Justice Khobo overruled the objection and allowed Kayode to continue his testimony.
The judge also said the defence could obtain a certified true copy of the evidence through the court’s registry.
The ICPC is prosecuting El-Rufai on nine counts bordering on alleged corruption and abuse of office during his tenure as governor of Kaduna State.
The commission alleged that he induced the state government to release about N11 billion to an unregistered entity for a light rail project that was never executed.
It also accused him of approving and receiving about N289.8 million as severance allowance, far above the approximately N20 million he was legally entitled to, thereby conferring a corrupt advantage on himself.
In another count, the commission accused him of mismanaging more than $1.08 million from a World Bank loan to the state in violation of the loan agreement.
The ICPC further alleged that he conspired with an associate, said to be at large, to offer monetary inducements to federal investigators to compromise an ongoing investigation involving a private firm.
Other charges include the alleged unlawful award of a N4.6 billion CCTV contract in Kaduna metropolis in violation of procurement laws, as well as conferring undue advantage on an associate through the contract.
El-Rufai had earlier denied all the allegations against him.
What You Should Know
The Kaduna State High Court is currently presiding over a high-profile corruption trial involving former Governor Nasir El-Rufai, who faces multiple charges brought by the ICPC regarding alleged financial improprieties during his administration. Recently, the court resolved a legal dispute between the defence and prosecution regarding the testimony of a DSS digital forensic expert, allowing the expert’s evidence and audio recordings to remain part of the proceedings.
- Potential Accountability: The progression of this trial brings public focus to transparency and the legal scrutiny of past government expenditures and public office holders in Kaduna State.
- Legal Precedents: The court’s rulings on subpoenaed witnesses and digital evidence admissibility establish important procedural boundaries for high-profile anti-corruption trials in Nigeria.
