Witness: El-Rufai Planned to Use Olam Deal Template to Acquire Singularity, Allegedly Set Aside $600,000 for EFCC Officials

A Department of State Services (DSS) witness on Tuesday, October 13, told the Kaduna State High Court how former Kaduna State Governor, Malam Nasir Ahmad El-Rufai, allegedly planned to use a template previously employed in the liquidation of Olam to acquire a foreign company, Singularity, and set aside $600,000 to influence officials investigating the matter.

The witness, Segun Kayode, a Senior Principal Officer of the DSS with expertise in digital forensic examination, gave the testimony before Justice Darius Khobo.

He appeared in court following a request by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for forensic analysis of selected telephone numbers allegedly linked to El-Rufai and other individuals, including Dimi Lawal, AU Mustafa, Ahmadu Sule, Sam Darwish and Muhammad Darwish.

Kayode told the court that, following the ICPC’s request, he contacted the DSS Communication Intelligence Department to obtain call data records relating to the selected telephone numbers.

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“I received a response through a secure server, which complied with the standard procedures. I also observed the integrity of the electronic evidence,” he said.

Explaining the contents of the audio evidence, the witness said the recordings captured a telephone conversation between El-Rufai and his elder brother, Bashir El-Rufai.

According to him, the conversation indicated that El-Rufai directed AU Mustafa, SAN, and Dimi Lawal to meet Ahmadu Sule and obtain a template previously used to liquidate Olam, with a view to applying the same approach in acquiring a company identified as Singularity.

The witness further testified that the conversation allegedly involved plans for Sam Darwish, Dimi Lawal and AU Mustafa to prevent the Economic and Financial Crimes Commission (EFCC) from investigating the matter.

He said the audio also contained discussions about Singularity’s alleged exposure to investigation by the Nigerian Financial Intelligence Unit (NFIU) and plans to pursue legal action in Nigeria and Mauritius in connection with the company.

Kayode further told the court that the recording contained discussions about preventing an EFCC investigation into IHS, a company listed on the New York Stock Exchange.

He alleged that $500,000 and an additional $100,000 had been earmarked to settle EFCC officials and intermediaries.

The testimony formed part of the evidence presented by the ICPC in the case.

Defence Objects to Witness

Earlier, defence counsel, Paul Erokoro, SAN, objected to the witness’s appearance, arguing that Kayode was not listed among the witnesses earlier disclosed to the defence and that the defence had not been given prior notice of his testimony.

Erokoro acknowledged that calling a witness could be appropriate but maintained that the defence was entitled to prior notice.

However, ICPC counsel, Ayodeleji Adelukpe, SAN, opposed the objection, describing it as premature and misconceived.

Adelukpe told the court that Kayode was appearing as a subpoenaed witness pursuant to a subpoena issued by the court.

He said the witness had been brought before the court to explain his involvement in the forensic examination and the circumstances surrounding the evidence.

In its ruling, the court overruled the defence’s objection, noting that the witness had been summoned through a subpoena and could proceed to testify.

The proceedings subsequently continued.

Defence Expresses Confidence in El-Rufai’s Acquittal

Speaking to journalists shortly after the proceedings, defence counsel, Paul Erokoro, SAN, expressed confidence that his client, former Kaduna State Governor Nasir Ahmad El-Rufai, would be discharged and acquitted.

“We are confident that we will win. We have started questioning the evidence presented through the subpoenaed witness, and from all indications, we are winning,” he said

The court subsequently adjourned the proceedings until Monday November 30 and 1 December for further hearing.