Court Rejects El-Rufai’s Bid to Block DSS Forensic Expert’s Testimony
A Kaduna State High Court has dismissed an objection by former Kaduna State Governor Nasir El-Rufai’s defence team seeking to prevent a digital forensic expert with the Department of State Service (DSS) from testifying in his ongoing trial over alleged corruption.
Justice Darius Khobo, who presided over the case on Tuesday, ruled that the prosecution could call the witness despite the omission of his name and summary of evidence from its list of witnesses.
The judge held that the witness was subpoenaed by the court and that the defence’s right to a fair hearing could be protected through cross-examination.
The ruling followed an objection by El-Rufai’s senior counsel, Paul Erokoro, who argued that the defence had not been served with the witness’s evidence summary or the subpoena.
Erokoro maintained that the omission denied the defence adequate notice to prepare for cross-examination and properly understand the evidence it was expected to challenge.
However, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ayodele Adedipe, argued that the failure to include a subpoenaed witness in the prosecution’s proof of evidence did not automatically make the witness’s 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 cited relevant judicial precedents in upholding the prosecution’s position, ruling that the witness could testify notwithstanding the omission of his name and evidence summary from the prosecution’s documents.
He added that the defence could address its concerns about fair hearing by cross-examining the witness.
Earlier in the proceedings, the SSS digital forensic examiner, Shegun Kayode, testified about the forensic examination of communication records and audio recordings allegedly linked to El-Rufai.
Kayode told the court that specialised software revealed two-way communications involving the former governor and suspected associates, including Bashir El-Rufai and another individual, between October 25 and 28, 2025.
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He said the findings prompted further analysis of audio recordings obtained from a communication intelligence server.
According to the witness, he immediately created a forensic image of the original audio file, sealed it and secured it to preserve its technical integrity.
Kayode further testified that subsequent software analysis indicated that the audio recording was authentic and had not been artificially generated or manipulated using artificial intelligence.
During the proceedings, the court also listened to an audio recording of El-Rufai’s interrogation by the SSS over the alleged importation of approximately 10 kilogrammes of thallium sulphate, a highly toxic and regulated substance, into Nigeria.
The recording lasted about one hour and 30 minutes and contained the interrogation and other exchanges.
El-Rufai arrived at the court amid heavy security, accompanied by his wife, Asiya El-Rufai, and Isa Ashiru Kudan, the African Democratic Congress (ADC) governorship candidate in Kaduna State.
The former governor is facing trial in a case instituted by the ICPC over allegations of corruption.
Following the proceedings, the court adjourned the case until November 30 and December 1, 2026, for the continuation of the defence’s cross-examination of the SSS forensic expert.
Speaking to journalists after the hearing, Adedipe said the prosecution had opened its case by presenting its first witness, a forensic expert, who testified and tendered a forensic investigation report before cross-examination began.
He explained that the proceedings lasted several hours because of objections and legal arguments but maintained that the prosecution had made progress in presenting its case.
Erokoro, on his part, acknowledged that the prosecution had opened its case and called its first witness. He said the lengthy proceedings reflected the parties’ efforts to ensure the trial progressed.
The defence counsel expressed confidence that El-Rufai would ultimately be discharged and acquitted of the charges.
He added that the defence had begun examining the witness’s testimony and would continue to scrutinise the evidence when the court reconvened, particularly to test its accuracy and credibility.
By PRNigeria
