Segun Atanda/
A legal storm is brewing around former Kaduna State governor, Mallam Nasir El-Rufai, following claims that he admitted intercepting the telephone communications of the National Security Adviser (NSA), Mallam Nuhu Ribadu, a remark now being interpreted by a policy group as potentially criminal and even treasonable.
In a strongly worded rejoinder issued Friday by the Transformative Governance Forum (TGF) and authored by chartered engineer and lawyer Ademola Rabiu, the former governor’s televised comments were described as more than political rhetoric, but a possible confession to unlawful surveillance and actions capable of undermining national security.
During an interview on ARISE Television, El-Rufai was quoted as saying: “We listen to their calls… We also have our ways,” while acknowledging the act was “technically illegal.”
Rabiu argued that the statement amounts to an admission of unlawful interception of private communications, an offence punishable under Nigeria’s Cybercrimes (Prohibition, Prevention, etc.) Act and a violation of the constitutional right to privacy guaranteed under Section 37 of the 1999 Constitution.
According to the rejoinder, accessing the private communication of a serving National Security Adviser without authorization constitutes a felony capable of attracting custodial penalties.
“By leveraging this admission as political relevance, he has effectively provided a confessional statement that could ground prosecution,” the statement says.
Beyond the alleged interception itself, the forum claimed El-Rufai’s accompanying assertions, including allegations that security agencies were being used against him, could incite distrust in the country’s security architecture.
Citing Sections 50 and 51 of the Criminal Code Act, the author argued that portraying state institutions as tools of vendetta risks inciting disaffection against the government and may cross the threshold from political criticism into sedition.
The statement says such claims could erode public confidence in agencies responsible for national security and public order.
The rejoinder went further, suggesting the issue could border on treasonable felony if it undermines the constitutional command structure of government security operations.
It referenced provisions of the Penal Code and the Official Secrets Act, warning that unauthorized access to sensitive security communications, especially involving the NSA, could threaten the sovereignty of the state.
The group also raised concern that broadcasting alleged intercepted security discussions could cause public panic if the claims are exaggerated or false, potentially falling under laws prohibiting publication of information capable of disturbing public peace.
The Transformative Governance Forum called on the Attorney-General of the Federation and law enforcement agencies to conduct an independent investigation into the comments and any underlying actions.
“If private networks are intercepting the communications of the National Security Adviser, then the sovereignty of the Nigerian state is under threat,” the statement concluded.
As of press time, El-Rufai had not publicly responded to the rejoinder, and no official investigation has been announced by security agencies.
The controversy adds a new layer to Nigeria’s increasingly tense political discourse, raising questions about surveillance, accountability, and the limits of political speech in a constitutional democracy.
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