A Federal High Court in Abuja has admitted key DSS evidence in the ongoing trial of former Kaduna State governor, Nasir El-Rufai, over allegations that he was complicit in the unlawful interception of the telephone communications of the National Security Adviser, Nuhu Ribadu. 

The development came as a second prosecution witness, lawyer and activist Deji Adeyanju, took the stand on Monday to corroborate the circumstances surrounding the television interview that sparked the former governor’s arrest and prosecution.

Adeyanju told the court that he appeared on Arise Television’s Prime Time Programme on February 13, 2026, the same day El-Rufai made the remarks that led to his detention and trial. He testified that during the live broadcast, El-Rufai stated, “We listened to the conversations of the NSA,” a statement the prosecution is relying on as a central piece of evidence in the case. Adeyanju added that El-Rufai also suggested during the interview that someone had carried out the actual phone tapping and passed the information along to him. The prosecution tendered the subpoena used to summon Adeyanju as Exhibit G, while a flash drive containing Adeyanju’s own interview on the same programme, along with a certificate of compliance, was admitted in evidence as Exhibits H and H1.

An official gazette tendered by the prosecution during proceedings was also admitted without objection from the defence as Exhibit I.

Under cross-examination by El-Rufai’s senior defence counsel, Paul Erokoro (SAN), Adeyanju maintained a nuanced position, stating that he did not personally hear El-Rufai say he hacked the NSA’s phone lines, but confirmed he heard him say his cohorts had listened in on the NSA’s conversations. Erokoro also questioned the witness on whether he was aware of how the NSA makes calls and whether he would be surprised that DSS investigators never asked the NSA which specific device was allegedly compromised, to which Adeyanju replied that such matters were not within his concern.

The Department of State Services filed a three-count charge against El-Rufai before the Federal High Court, accusing him of breaching the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act of 2024 and the Nigerian Communications Act of 2003.

The first count alleges that he admitted during the Arise TV broadcast to unlawfully intercepting Ribadu’s phone communications. The second count alleges that he knowingly associated with an individual who intercepted the NSA’s communications without reporting the person to relevant security agencies.

The third count alleges that he and others still at large used technical equipment to compromise public safety and national security by unlawfully intercepting the NSA’s communications.

El-Rufai has pleaded not guilty to all counts and was granted bail at N100 million. He has previously argued in a motion that the charge should be quashed, contending that the DSS improperly elevated what he described as a casual television remark into a criminal confession. Justice Joyce Abdulmalik adjourned the case until June 23, 2026 for continuation of trial.