Mallam Nasir El-Rufai has been charged with cybercrime for alleging wiretapping the National Security Adviser, Mallam Nuhu Rubadu,
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.
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 didn’t say he wiretapped the NSA, he said someone else did and told him.
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./Inebehe Effiong
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