A Kaduna State High Court on Tuesday overruled an objection by former Governor Nasir El-Rufai’s defence team to the testimony of the Department of State Services 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.
