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A human rights lawyer, Inibehe Effiong, has said that former Kaduna State Governor Nasir El-Rufai has the right to remain silent while he is being prosecuted for intercepting the mobile phone of National Security Adviser (NSA) Nuhu Ribadu.
“Based on the conditional right of silence, or what we call right against self-incrimination, or in the U.S., what is called defeat, every fight is not obligated to our time when he doesn’t have to say anything, he doesn’t have to respond. Some people are saying, oh, every fight will have to disclose who he was with. No, he doesn’t have to say anything,” said Effiong.
The human rights lawyer made the statement while speaking in an interview with News Central. In an interview, Effiong highlighted some flaws in El-Rufai’s prosecution and questioned the legality of the case, adding that the State Security Service is unauthorised to prosecute the former Kaduna State Governor.
The former Kaduna State Governor has courted controversy after accusing the National Security Adviser of abusing his office, interfering with anti‑corruption investigations and judicial processes, and directing security agencies against political opponents.
The Nigerian Government filed criminal charges against El‑Rufai for allegedly unlawfully intercepting Ribadu’s phone communications, an act which is considered an offence under Nigerian cybercrime law
“First, the State Security Service does not have prosecutorial powers, and I hope the court will prove me wrong on this. Under the National Security Agencies Act, SSS has no power to prosecute. So who will then prosecute on their behalf? It ought to be the Attorney General of the Federation or the police,” the human rights lawyer said.
“If the lawyer who signed that charge has been given fiat by the AGL, they should disclose it. But on the face of the charge, there is nothing showing that a fiat has been given. (0:29) And further to that, what are they talking about? But why is the court even entertaining an agency that doesn’t have prosecutorial powers? No, because it will have to be argued before a judge.”
He also added that the onus is on the Nigerian Government to prove whether Ribadu’s phone was tapped.
“The government must prove that the NSA’s phone was actually tapped. The government must establish how this was done, when this was done, which of his mobile lines or phone was tapped.”
