Human rights lawyer, Inibehe Effiong, has raised concerns about the charges filed against the former Governor of Kaduna State, Nasir El-Rufai.
Bellnews reports that El-Rufai was on Monday charged with cybercrime at the Federal High Court in Abuja over the alleged phone-tapping of the National Security Adviser (NSA), Nuhu Ribadu’s, phone conversation.
Reacting to the development, Inibehe, in a post via his Facebook page, clarified that El-Rufai never admitted to tapping Ribadu’s conversation but referenced someone, stressing that no court will compel him to give evidence against himself.
The lawyer also added that there is no entity known as the Department of State Services (DSS) in Nigerian law.
He wrote, “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 powers.
“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 endure 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”.