A human rights lawyer, Enibehe Effiong has cited discrepancies in the suit instituted by the federal government through the Department of the State Security Service, DSS against the former Governor of Kaduna State, Nasir El-rufai for alleging phone-tapping Nigeria’s National Security Adviser, Mallam Nuhu Rubadu claim.
DSS on Monday filed charges against El-Rufai at the Federal High Court in Abuja in response to Rufai’s over the alleged interception of communications belonging to Ribadu.
This followed a claim by El-rufai an interview on Arise television, alleging that he and other unnamed individuals listened to conversations from Ribadu’s phone after it was tapped by a third party last week.
In the interview, the former Governor acknowledging that such interception is technically unlawful, he argued that illegal surveillance was not unusual as reported.
But the human rights lawyer, Effiong, said, “looking at this charge, I have a few issues with it”.
“Firstly, there is no entity known to law as Department of State Services (DSS) as stated in this charge”, according to on him, the National Security Agencies Act only recognizes and creates the State Security Service (SSS)”.
“Secondly, the said Act does not vest the SSS with prosecutorial power.
“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 (El-Rufai) didn’t say he wiretapped the NSA, he said someone else did and told him”.
Effiong also stated that the constitutional right against self-incrimination will enure in his favour. No court can compel him to give evidence against himself”.
“I am not a fan of El-Rufai, but this charge appears problematic in law.
“Time will tell”, he said in a post on Facebook.
SEE CHARGES BELOW:
*Count One
That you, Mallam Nasir El Rufai, adult, male, on 13th February, 2026, while appearing as a guest on Arise TV Station’s Prime Time Programme in Abuja, within the jurisdiction of this court, did admit during the interview that you and your cohorts unlawfully intercepted the Phone Communications of the National Security Adviser, Nuhu Ribadu and thereby committed an offence contrary to and punishable under Section 12 (1) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
*Count Two
That you, Mallam Nasir El Rufai, adult, male, on 13th February, 2026, while appearing as a guest on Arise TV Station’s Prime Time Programme in Abuja, within the jurisdiction of this court, did state during the interview that you know and relate with certain individual, who unlawfully intercepted the Phone Communications of the National Security Adviser, Nuhu Ribadu, without reporting the said individual to relevant Security agencies and thereby committed an offence contrary to and punishable under Section 27 (b) of the Cybercrimes (Prohibition, Prevention, etc) Amendment Act, 2024.
Count Three
That you, Mallam Nasir El Rufai, adult, male, and other still at large, sometime in 2026, in Abuja, within the jurisdiction of this court, with others still at large did use technical equipment or systems which compromised public safety, national security and instilling reasonable apprehension of insecurity among Nigerians by unlawfully intercepting the Phone Communications of the National Security Adviser, Nuhu Ribadu, to which you admitted during an interview on 13th February, 2026, on Arise TV Station’s Prime Time Programme in Abuja and thereby committed an offence contrary to and punishable under Section 131 (2) Nigerian Communications Act 2003.
Hmm
Wow
Good one