Jail Term Looms for El-Rufai as NSA, ICPC Confirm Wiretapping Allegations

The legal troubles facing former Kaduna State Governor Nasir El-Rufai deepened dramatically this week after the National Security Adviser, Nuhu Ribadu, and the Chairman of the Independent Corrupt Practices and Other Related Offences Commission, Musa Aliyu, both confirmed the authenticity of a phone conversation that the ex-governor allegedly admitted was illegally intercepted.

The confirmation came during the ongoing trial of El-Rufai before Justice Joyce Abdulmalik of the Federal High Court in Abuja, where a Department of State Services witness testified that investigators interviewed Ribadu following a controversial television interview.

According to the witness, identified only as “APC” for security reasons, the NSA verbally confirmed that the conversation referenced by El-Rufai on Arise Television had indeed taken place between him and the ICPC chairman. The ICPC chairman similarly confirmed having such a discussion after portions of the interview were played to him.

The prosecution has now told the court that investigators consider El-Rufai’s televised statements as an “open confession” that could lead to a significant jail term if he is convicted. The former governor is facing a five-count charge bordering on the unlawful interception of the NSA’s phone communications, an offence that falls under the Cybercrimes Act 2024.

In the 43-minute video recording played in open court, El-Rufai allegedly stated that someone had wiretapped a conversation involving the NSA and forwarded it to him. He reportedly defended the act by arguing that governments routinely monitor people’s communications.

The programme’s anchor, Charles Aniagolu, was also invited for questioning and confirmed that El-Rufai admitted during the interview that someone intercepted the conversation and passed it to him. The court has since admitted statements obtained from Aniagolu, activist-lawyer Deji Adeyanju, and a cameraman as exhibits.

El-Rufai, who was governor of Kaduna State between 2015 and 2023, has pleaded not guilty to the charges. His legal team has argued that a “casual remark” made during a television programme cannot be elevated to a judicial confession. The defence also noted that investigators did not examine any communication devices belonging to the NSA or conduct forensic analysis of the alleged interception.

Nevertheless, the prosecution maintains that such steps became unnecessary after the NSA confirmed the authenticity of the conversation. A prosecution witness told the court that the investigation team considered the act capable of undermining national security and subsequently recommended prosecution.

The court had previously granted El-Rufai bail in the sum of N100 million with stringent conditions, including producing a surety who must be a federal civil servant not below Grade Level 17 and resident in either Maitama or Asokoro districts of Abuja. He is also required to surrender his international passport and report to DSS headquarters every last Friday of the month.

Justice Abdulmalik has adjourned the matter until June 22 and June 23 for continuation of trial. Legal experts note that if convicted on all counts, El-Rufai could face a statutory maximum penalty of significant jail time, though the presumption of innocence remains until proven guilty.