Human rights lawyer, Inibehe Effiong, has raised legal concerns over the cybercrime charges filed against former Kaduna State Governor, Nasir El-Rufai, over alleged comments about the National Security Adviser (NSA), Nuhu Ribadu.
El-Rufai was recently charged in connection with statements he made during an appearance on Arise Television, where he alleged that the NSA’s telephone conversations had been intercepted.
Reacting via his social media handle, Effiong questioned the legal foundation of the charge, arguing that there are significant issues with the prosecution’s approach.
“Mallam Nasir El-Rufai has been charged with cybercrime for alleging wiretapping the National Security Adviser, Mallam Nuhu Rubadu,” Effiong wrote.
He immediately pointed to what he described as a technical defect in the charge, stating:
“Firstly, there is no entity known to law as Department of State Services (DSS) as stated in this charge. The National Security Agencies Act only recognizes and creates the State Security Service (SSS).”
Effiong further contended that even if the agency were properly identified, its legal powers may not extend to prosecution.
“Secondly, the said Act does not vest the SSS with prosecutorial power.”
On the substance of the allegation, the lawyer questioned whether El-Rufai’s televised comments could qualify as a legally admissible extrajudicial confession.
“Thirdly, does El-Rufai’s statement on Arise TV qualify as an ‘extrajudicial statement’ under the law, same having not been made under caution? For a statement to be extrajudicial and confessional, it has to be under caution.”
He also argued that the former governor did not admit to committing any offence.
“He didn’t say he wiretapped the NSA, he said someone else did and told him.”
Effiong maintained that constitutional safeguards would likely come into play if the matter proceeds to trial.
“The constitutional right against self-incrimination will enure in his favour. No court can compel him to give evidence against himself.”
Despite clarifying that he does not support the former governor politically, Effiong insisted that the case raises legal red flags.
“I am not a fan of El-Rufai, but this charge appears problematic in law. Time will tell.”
