A Kaduna State High Court on Tuesday has overruled an objection by former Governor Nasir El-Rufai’s defence team to the testimony of the Department of State Services (DSS) digital forensic expert.
The presiding Judge, Justice Darius Khobo ruled that the prosecution could call the witness, who was subpoenaed by the court, despite his name and evidence summary being absent from the prosecution’s witness list.
The judge held that the defence’s right to fair hearing could be protected by allowing it to cross-examine the witness.
The ruling followed objections by El-Rufai’s senior counsel, Paul Erokoro, who argued that the defence had not received the witness’s evidence summary or the subpoena.
Erokoro submitted that the omission denied the defence adequate notice to prepare for cross-examination and understand the case it was required to answer.
The ICPC prosecution counsel, Ayodele Adedipe, however, argued that failure to include a subpoenaed witness in the proof of evidence did not automatically render the testimony inadmissible.
In its ruling, the court confirmed that the witness had been subpoenaed through an order signed by the court on June 30, 2026.
Khobo said the prosecution’s position reflected the applicable law, citing previous cases in support of the ruling.
The judge held that the witness’s absence from the prosecution’s witness list and evidence summary did not prevent him from testifying because he had been subpoenaed.
He added that the defence’s fair-hearing concerns could be addressed by allowing it to cross-examine the witness.
Earlier, the DSS digital forensic examiner, Shegun Kayode, testified about a forensic examination of communication records and audio recordings allegedly linked to the defendant.
Kayode told the court that specialised software revealed two-way communications involving El-Rufai and suspected associates, including Bashir El-Rufai and another person, between October. 25 and 28, 2025.
He said the findings prompted further analysis of audio recordings received from a communication intelligence server.
The witness explained that he immediately created a forensic image of the original audio file, sealed it and secured it to preserve its technical integrity.
Kayode said subsequent software examination showed that the audio was authentic and had not been artificially generated or manipulated using artificial intelligence.
The News Agency of Nigeria (NAN) reports that El-Rufai arrived at the court amid heavy security, accompanied by his wife, Asiya El-Rufai, and Isa Ashiru Kudan, the governorship candidate of the African Democratic Congress (ADC) in Kaduna State.
El-Rufai was brought to court for the continuation of his trial over alleged corruption in a suit filed against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
During the proceedings, an audio recording of his interrogation by the DSS concerning the alleged importation of about 10 kilogrammes of thallium sulphate, a highly toxic and strictly regulated substance, into Nigeria was played.
The recording, which lasted about one hour and 30 minutes, contained the interrogation and other exchanges.
The case was adjourned until November. 30 and December 1 for continuation of the cross-examination of the DSS witness by the defence counsel.
Speaking with journalists after the court proceedings, Adedipe said the prosecution had opened its case by calling its first witness, a forensic expert.
He said the witness testified and tendered a forensic investigation report before cross-examination commenced.
Adedipe explained that the proceedings took considerable time because of objections and legal arguments but said the prosecution was able to conclude its presentation with the witness for the day.
He confirmed that the case had been adjourned until November 30 and December 1 for continuation of cross-examination.
Erokoro, counsel to El-Rufai, said the prosecution had opened its case and called its first witness, adding that the lengthy proceedings showed the parties’ commitment to ensuring the trial progressed.
He expressed confidence that his client would be discharged and acquitted of all the charges.
Erokoro said the defence had begun examining the witness’s testimony and would continue to scrutinise the evidence when the court reconvened.
He maintained that the next hearing would provide the defence with an opportunity to test the accuracy and credibility of the prosecution’s evidence.
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