Prominent Lawyer Identifies 3 Possible Loopholes in FG’s Charges Against El-Rufai
- Human rights lawyer Inibehe Effiong has reacted to the charges filed by the Federal Government against Nasir El-Rufai
- The lawyer listed three areas he believes may weaken the case if not properly addressed
- Effiong argued that parts of the charge raise legal and procedural questions
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Legit.ng Journalist Muslim Muhammad Yusuf is a 2025 Wole Soyinka Award winner, with over 8 years of experience in investigative reporting, human rights, politics, governance, and accountability in Nigeria.
A public interest and human rights lawyer, Inibehe Effiong, has pointed out what he described as possible legal gaps in the charges recently filed by the Federal Government against former Kaduna State governor, Malam Nasir El-Rufai.
Legit.ng reports that the Federal Government filed charges against El-Rufai over allegations connected to the unlawful interception of the phone communications of the National Security Adviser (NSA), Mallam Nuhu Ribadu.
Source: Twitter
Effiong raised the issues in a post shared on his X (formerly Twitter) handle while reacting to the court processes linked to the case.
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Breaking: FG files charges against El-Rufai over alleged interception of NSA Ribadu's phone
Lawyer flags 3 possible loopholes
Reacting, Effiong said he had “a few issues” with the charge, arguing that the document, as drafted, may contain errors capable of weakening the prosecution’s case.
Effiong first claimed that the charge referenced an entity he said does not exist in law.
According to him, there is no legally recognised body known as the Department of State Services (DSS) under the National Security Agencies Act, which he said only establishes the State Security Service (SSS).
Secondly, the lawyer argued that the same law does not grant the SSS prosecutorial powers, raising questions about the legal basis of the process.
Thirdly, Effiong questioned whether El-Rufai’s statement during the Arise TV interview qualifies as an “extrajudicial statement” under the law, since it was not made under caution.
El-Rufai may benefit from constitutional protections
He also argued that El-Rufai did not directly admit to wiretapping the NSA but suggested that someone else did and relayed the information to him.
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Effiong added that El-Rufai may benefit from constitutional protections against self-incrimination, insisting that no court can compel him to provide evidence against himself.
While noting that he is not a supporter of the former governor, Effiong concluded that the charge, in his view, appears legally problematic.
Source: Facebook
FG files charges against El-Rufai
Legit.ng earlier reported that the Federal Government has formally charged former Kaduna State Governor Nasir El-Rufai over allegations of unlawful phone interception involving the National Security Adviser, Nuhu Ribadu.
Court documents list three counts, citing breaches of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
The charges follow El-Rufai’s public statements on Arise TV, where he allegedly admitted knowledge of the interception and associated individuals.
El-Rufai sends strong warning to FG
Recall that Legit.ng reports that former Governor of Kaduna State, Malam Nasir El-Rufai, has criticised what he described as the growing culture of unlawful detention in Nigeria, warning that the practice undermines democracy and erodes public trust in government.
El-Rufai spoke on Thursday at the 23rd Annual Daily Trust Dialogue held at the Nigerian Air Force Conference Centre, Kado, Abuja, where leaders, policymakers, and civil society actors gathered to discuss governance and national development.
Source: Legit.ng
