The Kaduna State High Court on Tuesday adjourned the alleged fund misappropriation case against former Governor Nasir El-Rufai to November 30 and December 1, 2026, for the continuation of the cross-examination of a Department of State Services (DSS) digital forensic expert.
The adjournment followed a ruling by Justice Darius Khobo, who dismissed an objection by El-Rufai’s defence team to the testimony of the expert, Shegun Kayode, who was subpoenaed to testify in the case.
The judge held that the prosecution could call the witness even though his name and summary of evidence were not included in its witness list, adding that the defence’s right to a fair hearing could be protected through cross-examination.
El-Rufai’s senior counsel, Paul Erokoro, SAN, had argued that the defence was not served with the witness’s evidence summary or the subpoena, making it difficult to prepare adequately for the cross-examination.
However, counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Ayodele Adedipe, maintained that the omission of a subpoenaed witness from the proof of evidence did not automatically render the testimony inadmissible.
Justice Khobo confirmed that the witness had been subpoenaed through a court order signed on June 30, 2026. He also directed that the defence could obtain a certified true copy of the evidence through the court registry.
DSS Expert Presents Forensic Findings
Earlier in his testimony, 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.
According to the witness, the exercise followed a formal request from the commission and approval by the DSS director-general.
Kayode said specialised software detected two-way communications involving El-Rufai, his brother and another individual between October 25 and 28, 2025.
He explained that the findings prompted further examination of audio recordings obtained from a communication intelligence server, with call data records supplied by the DSS telecommunications intelligence unit through a secure server.
The expert said his team made four duplicate copies of the original audio recording while preserving the original to maintain the integrity of the evidence.
He added that the analysis examined vocal characteristics, background noise and electromagnetic interference, with the results indicating that the audio originated from a human voice in a natural environment rather than being artificially generated.
Kayode further told the court that he conducted biometric voice analysis using specialised forensic software to examine the speaker’s voice.
Recording Allegedly Mentions $600,000
According to Kayode, the audio recording allegedly contained a conversation between El-Rufai and his elder brother concerning 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.
The witness further alleged that the conversation referred to $500,000 and $100,000 purportedly set aside to settle EFCC officials and an intermediary.
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 report, arguing that the prosecution could not introduce additional evidence through a subpoenaed witness without following the appropriate legal procedure.
Adedipe rejected the objection, arguing that evidence from a subpoenaed witness did not necessarily have to be included in the proof of evidence.
After hearing both parties, Justice Khobo overruled the objection and permitted the witness to continue his testimony.
The allegations presented by the forensic expert have yet to be established by the court.
ICPC’s Nine-Count Case Against El-Rufai
The ICPC is prosecuting the former governor on nine counts bordering on alleged corruption and abuse of office during his tenure as governor of Kaduna State.
The commission alleged that El-Rufai induced the state government to release approximately 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, significantly above the approximately N20 million it said he was legally entitled to receive.
In another count, the commission alleged that he mismanaged more than $1.08 million from a World Bank loan to Kaduna State, contrary to the loan agreement.
The prosecution also accused him of conspiring with an associate, who is said to be at large, to offer financial inducements to federal investigators to compromise an ongoing investigation involving a private firm.
Other allegations include the unlawful award of a N4.6 billion CCTV contract in Kaduna metropolis, allegedly in violation of procurement laws, and the conferral of undue advantage on an associate through the contract.
El-Rufai has denied the allegations against him.
The case will resume on November 30 and December 1, 2026, for the continuation of the forensic expert’s cross-examination.
