The federal government’s move to prosecute former Kaduna State Governor Nasir El-Rufai over alleged phone bugging has been met with significant legal skepticism as Human rights lawyer Inibehe Effiong has raised critical concerns regarding the validity of the charges.
Describing the prosecution’s foundation as problematic in law Effiong’s said the charge lacks structural legitimacy faulting the prosecuting agency, the statutory limits of its power, and the fundamental constitutional rights of the defendant.
One of the most striking points raised by Effiong is the nomenclature of the agency involved. He pointed out that there is no entity known to Nigerian law as the Department of State Services (DSS).
According to the National Security Agencies Act, the only legally recognized body is the State Security Service (SSS).
Effiong further argued that even the SSS lacks the statutory prosecutorial power to bring such a case to court.
Beyond the administrative technicalities, the lawyer questioned the nature of the evidence itself, specifically El-Rufai’s appearance on Arise TV. He noted that for any statement to qualify as extrajudicial and confessional, it must be made under caution. Since the former governor’s remarks were made during an open television interview and not under a formal caution, their status as a legal confession is highly debatable.
Effiong further clarified that El-Rufai did not claim to have personally wiretapped the National Security Adviser, Nuhu Ribadu, but rather indicated that he had been informed by others who did.
