Coalition Seeks Probe Of El-Rufai Over Alleged Illegal Phone Tapping

A coalition of civil society and public interest organisations under the aegis of the Campaign for Sustainable Democracy and Rights (CSDR) has demanded the immediate arrest, investigation and prosecution of former Kaduna State Governor, Nasir El-Rufai, over alleged cybercrime and subversion of national security.

The coalition, in a statement released to the newsmen in Lagos, by its convener, Nelson Ekujumi, and co-convener, Shola Omolola, said its demand followed what it described as the self-confession of El-Rufai on a national television programme that he and others had allegedly tapped and monitored the phone conversations of the National Security Adviser (NSA), Nuhu Ribadu, while he was discharging his official duties.

According to the group, the action constitutes a breach of the Cybercrimes (Prohibition, Prevention, etc.). Act 2015 is a direct threat to national security.

“We are shocked and traumatised by the self-confession on a national TV programme of Mr El-Rufai to this act of criminality and subversion of national security,” the statement read.

The coalition said it shared disbelief, anger, pain and trauma just like millions of Nigerians and people all over the world over the alleged admission.

CSDR further noted that the interception of private communications in Nigeria is strictly regulated by the Constitution and statutory laws. It cited Section 37 of the 1999 Constitution (as amended), which guarantees citizens’ privacy, including their correspondence and telephone conversations.

It further explained that Section 45 of the same Constitution allows limited restrictions on that right where such actions are reasonably justifiable in a democratic society for reasons of defence, public safety, public order, or the protection of the rights of others.

The coalition referenced the Nigerian Communications Act 2003, which, it said, requires authorised agencies such as the Office of the National Security Adviser, the State Security Service and the Nigeria Police Force to obtain a warrant from a Federal High Court judge before intercepting communications.

It, however, added that warrantless interception is only permitted in urgent situations, with a mandatory application for judicial approval within 48 hours.

Under the Cybercrimes Act 2015, the group noted that Section 39 authorises law enforcement agencies to intercept communications only where there are reasonable grounds to suspect the commission of a crime, stressing that unauthorised interception remains a criminal offence punishable by fines and imprisonment.

The group queried, “Where in the 1999 Constitution of Nigeria as amended, Mr Nasir El-Rufai derived the powers to commit cybercrime and subvert national security with others?”