The Kaduna State High Court on Tuesday overruled an objection by former Kaduna State Governor Nasir El-Rufai’s defence team to the testimony of a digital forensic expert from the Department of State Services (DSS).
Justice Darius Khobo ruled that the witness could testify despite his name and evidence summary being absent from the prosecution’s witness list, adding that the defence could protect its right to a fair hearing through cross-examination.
El-Rufai’s senior counsel, Paul Erokoro, had objected to the testimony, arguing that the defence had not received the witness’s evidence summary or subpoena, which he said affected its preparation for cross-examination.
However, the prosecution counsel, Ayodele Adedipe, argued that the 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 issued on June 30, 2026, and held that the omission did not prevent him from testifying.
Earlier in the proceedings, the forensic examiner, Shegun Kayode, told the court that his analysis of communication records and audio recordings allegedly linked to El-Rufai revealed exchanges involving the former governor and suspected associates between October 25 and 28, 2025.
He further testified that his examination indicated that the audio recording had not been artificially generated or manipulated using artificial intelligence.
An audio recording of El-Rufai’s interrogation by the DSS concerning the alleged importation of approximately 10 kilogrammes of thallium sulphate, a highly toxic substance, into Nigeria was also played in court.
El-Rufai is standing trial in a corruption-related case instituted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Speaking after the proceedings, Adedipe said the prosecution had presented its first witness and tendered a forensic investigation report before cross-examination began.
Erokoro, on his part, expressed confidence that his client would be discharged and acquitted, adding that the defence would continue to scrutinise the witness’s testimony when the court reconvenes.
The case was adjourned until November 30 and December 1, 2026, for the continuation of the witness’s cross-examination.
(NAN)
