On Tuesday, the Kaduna State High Court ruled that the defence of former governor [Nasir El‑Rufai](https://en.wikipedia.org/wiki/Nasir_El‑Rufai) could not block the testimony of a digital forensic expert from the [Department of State Services (DSS)](https://dss.gov.ng), even though the witness was not listed on the prosecution’s evidence summary.
**What was the court's decision?**
Justice Darius Khobo held that the prosecution was entitled to call the subpoenaed witness, emphasizing that the defence’s right to a fair hearing would be safeguarded by allowing cross‑examination. The judge noted that the witness had been formally summoned on 30 June 2026.
**Why did the defence object?**
Senior counsel Paul Erokoro argued that the defence had not received the witness’s evidence summary or the subpoena, claiming this denied them adequate notice to prepare for cross‑examination. He maintained that the omission breached procedural fairness.
**What did the prosecution contend?**
ICPC prosecution counsel Ayodele Adedipe countered that a subpoena alone satisfied legal requirements and that the absence of the witness from the proof of evidence did not automatically render his testimony inadmissible. He cited precedent cases to support his position.
**What did the forensic expert reveal?**
The DSS digital forensic examiner, Shegun Kayode, testified that specialised software had uncovered two‑way communications between El‑Rufai, his alleged associate Bashir El‑Rufai, and another individual during 25‑28 October 2025. He explained that he created a forensic image of the original audio file, sealed it, and preserved its integrity. Subsequent analysis confirmed the audio’s authenticity and ruled out any artificial‑intelligence‑generated manipulation.
**When is the trial scheduled to continue?**
The court adjourned the matter to 30 November and 1 December for further cross‑examination of the DSS witness by the defence. During the hearing, El‑Rufai arrived under heavy security, accompanied by his wife Asiya El‑Rufai and ADC governorship candidate Isa Ashiru Kudan.
An hour‑and‑a‑half audio recording of El‑Rufai’s DSS interrogation about the alleged importation of roughly 10 kilograms of thallium sulphate—a highly toxic, regulated substance—was played in court.
**What did the parties say after the hearing?**
Prosecution counsel Adedipe told journalists that the case began with the forensic expert’s testimony and that, despite objections, the prosecution had completed its presentation for the day. He reiterated the adjournment dates for continued cross‑examination.
Defence counsel Erokoro acknowledged the opening of the prosecution’s case and expressed confidence that El‑Rufai would be discharged and acquitted. He said the defence would continue to scrutinise the evidence when the court reconvenes, viewing the next hearing as an opportunity to test the credibility of the prosecution’s proof.