The Federal Government of Nigeria has formally filed criminal charges against former Kaduna State Governor, Mallam Nasir Ahmad El-Rufai, at the Federal High Court in Abuja, alleging that he unlawfully intercepted telephone communications belonging to the country’s National Security Adviser (NSA), Nuhu Ribadu. The development — stemming from public statements made by El-Rufai on national television — marks one of Nigeria’s most high-profile cybercrime and national security prosecutions in recent years, underlining growing legal scrutiny over unauthorized interception of communications and cyber offences in the nation.
Background: Public Admission Sparks Legal Action
The case took a dramatic turn following a widely viewed televised interview on Arise TV’s Prime Time programme on 13 February 2026, where El-Rufai, 65, reportedly admitted that he and certain associates had access to and involvement in what he described as the interception of phone calls involving the NSA. According to government filings, it was this public admission — broadcast on national television — that became the foundation for the formal prosecution.
During the interview, El-Rufai claimed that the intercepted communications included a phone call in which the NSA allegedly instructed security operatives to detain him at the Nnamdi Azikiwe International Airport in Abuja, following an earlier confrontation with law enforcement officials. Whether that exchange represented direct evidence of unlawful interception — or was part of a broader political disagreement — is central to the government’s legal case.
The Charges: Cybercrime and Communication Act Violations
The federal government instituted a three-count charge against El-Rufai, listed under suit number TABU/DET/CR/99/2026, each alleging serious contraventions of Nigeria’s cybercrime and telecommunications laws:
Count One: Admission of Interception
The first count asserts that El-Rufai’s televised admission that he and others “unlawfully intercepted” the NSA’s phone communications amounts to a violation of Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024. This section specifically criminalizes unauthorized access to or interception of electronic communications without lawful authority.
Crucially, this count does not merely accuse El-Rufai of hearsay or allegation — it relies on his own words broadcast publicly. Prosecutors argue that acknowledging involvement, even in a media context, constitutes prima facie evidence of intent to intercept or to have benefited from interception.
Count Two: Failure to Report Known Interception
In Count Two, the prosecution alleges that even if El-Rufai did not personally carry out the interception, he knowingly associated with individuals involved in the act and failed to report them to the appropriate security agencies. This is said to contravene Section 27(b) of the Cybercrimes Act (as amended), which requires persons aware of cybercrimes to report such knowledge.
Such a provision is aimed at preventing complicity or passive facilitation of criminal behaviour. Prosecutors contend that El-Rufai’s failure to alert authorities — despite admitting knowledge and association — amounts to a culpable breach of the amended Act.
Count Three: Compromising National Security
The third count charges that El-Rufai and unnamed others “used technical systems … in a manner that compromised public safety and national security” by unlawfully intercepting the NSA’s communications, in alleged violation of Section 131(2) of the Nigerian Communications Act, 2003.
Under this Act, unauthorized interception of messages that could affect public safety or national security carries significant penalties. The government argues that tapping or listening to communications of the NSA — who plays a central role in coordinating intelligence and security operations — potentially jeopardizes state security, sensitive operations, and public confidence.
Legal and Security Implications
Experts say that the emphasis on national security in this case reflects the seriousness with which unauthorized interceptions are treated under Nigerian law. Section 37 of the 1999 Constitution guarantees the privacy of every citizen’s communications; interception is only lawful if authorized by a competent court or under specified legal provisions.
Constitutional lawyers suggest that the allegations extend beyond ordinary cybercrime to questions about the integrity of national intelligence systems, potential abuse of sophisticated surveillance tools, and the political implications of such admissions by a prominent opposition figure.
A retired Director of the Department of State Services (DSS) described any confirmed admission of phone tapping involving the NSA as a “grave breach of national security protocol,” potentially undermining Nigeria’s intelligence confidentiality and crisis-response mechanisms.
Political Context and Reactions
This lawsuit unfolds against a backdrop of intense political disagreements between El-Rufai and the current administration, led by President Bola Ahmed Tinubu. Political observers note that El-Rufai, a former minister and long-standing critic of the government, has been vocally confrontational in recent months on issues ranging from security strategy to allegations about state institutions.
In one instance unrelated to the phone-tapping case, El-Rufai publicly accused the NSA of procuring a highly toxic chemical — thallium sulphate — for unclear purposes, a claim that the NSA and government agencies have not substantively addressed.
Critics of the prosecution argue that this case could set a dangerous precedent if used to clamp down on political dissent. They warn that without transparent judicial process, public confidence in both the legal and security systems might erode further.
Next Steps: Court Proceedings and Public Attention
El-Rufai is expected to enter his plea as proceedings begin at the Federal High Court’s Abuja Judicial Division. At this stage, no official date has been publicly announced for the arraignment or the commencement of trial.
The prosecution team, led by counsel from the DSS and Federal Ministry of Justice, will seek to convince the court that there is a lawful basis for the charges and that El-Rufai’s statements — and any supporting evidence — meet established standards for conviction.
Conclusion: Rule of Law or Political Contest?
Nigeria’s legal system now faces a defining moment. This case forces crucial conversations about cybercrime enforcement, secrecy laws, and the balance between national security and individual rights. Should El-Rufai be convicted, it could reinforce stringent accountability for unauthorized interception under Nigeria’s evolving cyber legal framework. Conversely, a verdict in his favour could raise pivotal questions about evidence thresholds and media-derived admissions in criminal law.
For now, the nation watches closely as this high-stakes legal drama unfolds in Abuja — a case that sits at the intersection of law, technology, security, and politics.
0 Comments