Effiong: FG only playing politics with El-Rufai cybercrime charges

HUMAN rights lawyer, Mr Inibehe Effiong, has alleged that the Nigerian Government is merely going through the motions in its cybercrime case against former Kaduna State Governor, Nasir El-Rufai, insisting that the authorities have no real intention of taking the matter to trial.

Mr Effiong made the claim while reacting to the criminal suit recently filed against the former governor over the alleged interception of phone communications belonging to the National Security Adviser (NSA), Mr Nuhu Ribadu. According to the lawyer, the circumstances surrounding the case, including the speed with which it was filed and the nature of the charges, suggested that it was more of a political response than a genuine attempt to seek justice.

The case, marked FHC/ABJ/CR/99/2026, was instituted by the Federal Government on Monday. It came barely three days after El-Rufai stated during a live television interview that Ribadu’s phone conversation had been intercepted and that he heard the NSA allegedly instructing security operatives to detain him. The timing, Mr Effiong argued, raised serious questions about the motive behind the prosecution.

Speaking during an appearance on Channels Television’s Morning Brief, the lawyer said the government’s conduct did not reflect that of an administration determined to secure a conviction. He told viewers that a truly serious prosecution would begin with a thorough investigation and the presentation of detailed, verifiable facts, rather than what he described as vague and poorly framed accusations.

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Mr Effiong maintained that the charge sheet prepared by the State Security Services (SSS) on behalf of the Federal Government lacked critical information that should ordinarily form the foundation of a cybercrime case. He noted that the document failed to identify the specific equipment allegedly used to intercept the NSA’s communications, when such equipment was acquired, where it was kept, or who had access to it. In his view, these omissions would weaken the case and reinforce the perception that it was hurriedly assembled.

The lawyer stressed that criminal charges must be supported by concrete particulars, adding that investigators were expected to account for every technical and procedural detail when dealing with sensitive allegations involving national security. Without such clarity, he said, the charges appeared speculative and incapable of standing up to legal scrutiny.

Court documents show that the first count against El-Rufai is based on comments he made during an appearance on Arise TV’s Prime Time programme on February 13. Prosecutors allege that he admitted, during the broadcast, that he and others unlawfully intercepted Mr Ribadu’s phone communications. The alleged act is said to contravene Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024.

In the second count, the SSS accuses the former governor of stating in the same interview that he knew and associated with an individual who had intercepted the NSA’s communications but failed to report the person to security agencies. This, the prosecution claims, is contrary to Section 27(b) of the Cybercrimes Act.

The third count alleges that El-Rufai and others still at large used technical equipment or systems in a way that compromised public safety and national security by intercepting the NSA’s communications. This charge is said to violate Section 131(2) of the Nigerian Communications Act, 2003.

Despite the gravity of the allegations, no date has yet been fixed for El-Rufai’s arraignment, a delay Mr Effiong believes further supports his view that the government is not eager to pursue the matter aggressively.

Beyond the legal arguments, the case has also drawn attention because of Mr El-Rufai’s evolving political relationship with President Bola Tinubu. The former Kaduna governor was a key figure in Tinubu’s rise to the presidency, having supported his emergence as the All Progressives Congress (APC) presidential candidate in 2023.

However, their alliance later collapsed after Tinubu’s initial attempt to appoint El-Rufai as a minister failed. Since then, El-Rufai has openly criticised the president, accusing the administration of intolerance and poor governance.

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The political fallout eventually pushed El-Rufai into the opposition, where he joined the African Democratic Congress (ADC). He has since vowed to collaborate with other like-minded politicians to prevent Tinubu from securing a second term in the 2027 presidential election.

For Effiong, the broader political context cannot be ignored. He insists that the charges reflect a larger pattern in which the machinery of the state is deployed against critics, rather than a sincere effort to uphold the law. As the case awaits its next court date, public debate continues to grow over whether the prosecution is rooted in justice, or politics.