El-Rufai Spends Second Night in Detention as DSS Cybercrime Charge Sparks Legal Debate

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…Amaechi: Ribadu Targeting Ex-Gov, Political Opponents

By Abu Adamu
Former Kaduna State Governor, Nasir El-Rufai, spent a second night in the custody of the Economic and Financial Crimes Commission (EFCC) as legal and political pressures surrounding his case intensified. The ex-governor, a senior figure in the opposition African Democratic Congress (ADC), is being questioned over alleged missing funds amounting to N432 billion during his tenure in Kaduna State.

In addition to the corruption probe, El-Rufai faces a cybercrime charge over comments he made alleging that the National Security Adviser, Nuhu Ribadu, was wiretapped. The charge has sparked debate over its legal basis, with constitutional lawyer Inibehe Effiong publicly raising concerns about its validity.

Effiong noted that the charge incorrectly references the Department of State Services (DSS), an entity that does not exist in Nigerian law. The National Security Agencies Act, he said, recognises only the State Security Service (SSS), which does not have prosecutorial authority. He also questioned whether El-Rufai’s televised remarks could legally qualify as an “extrajudicial statement,” pointing out that for a statement to be confessional in law it must be made under caution.

“He didn’t say he wiretapped the NSA; he said someone else did and told him,” Effiong explained, adding that the constitutional right against self-incrimination protects El-Rufai from being compelled to testify against himself. “I am not a fan of El-Rufai, but this charge appears legally problematic. Time will tell.”

Former Minister of Transportation, Rotimi Amaechi, has also weighed in, dismissing any suggestion that El-Rufai had hacked the NSA. Amaechi accused Ribadu of using his position to target political opponents, alleging that the NSA was positioning for the 2031 elections while also influencing the 2027 presidential contest. He claimed El-Rufai’s legal challenges with the ADC, including multiple court cases against party members, were orchestrated by political actors seeking to destabilise the party. “The man needs to rest. If he thinks there will not be proper elections in 2027, he is wasting his time,” Amaechi said.

Two days ago, the Presidency, through Senior Special Assistant on Media and Publicity, Temitope Ajayi, had released a statement dismissing El-Rufai’s allegations as political theatre. The statement accused him of deliberately creating tension and diverting attention from corruption allegations. Ajayi highlighted that El-Rufai had received a reply from the NSA’s office regarding his letter on thallium sulphate importation and challenged him to release it publicly, just as he had released his own correspondence.

Ajayi also pointed out that El-Rufai had lost support in Kaduna State, including that of key stakeholders and the governor, whom he had once supported to become Senator and later governor. All 28 members of the Kaduna State House of Assembly reportedly endorsed petitions to the EFCC and ICPC to investigate El-Rufai over alleged corruption during his eight-year tenure. Both agencies have since invited him to respond.

Observers note that the outcome of the EFCC investigation and court challenges will have implications not just for El-Rufai’s political future, but for the ADC and wider opposition politics, as Nigeria approaches a critical electoral cycle.

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