CSOs demand investigation of El-Rufai over alleged NSA phone tapping
A coalition of civil society and public interest organisations under the aegis of the Campaign for Sustainable Democracy and Rights (CSDR) has called for the arrest, investigation and prosecution of former Kaduna State Governor and former Minister of the Federal Capital Territory, Mallam Nasir El-Rufai, over alleged illegal interception of the National Security Adviser’s phone conversations.
In a statement issued on Sunday and signed by the coalition’s convener and co-convener, Nelson Ekujumi and Shola Omolola, the group said it was reacting to what it described as a self-confession by El-Rufai during a national television programme that he and others had listened to the phone conversations of the National Security Adviser, Mr Nuhu Ribadu.
The coalition expressed shock and concern over the alleged admission, describing it as an act of criminality and a subversion of national security. It argued that the interception of telephone conversations in Nigeria is governed by constitutional provisions, statutory laws and subsidiary regulations.
Citing Section 37 of the 1999 Constitution (as amended), the group noted that citizens are guaranteed the right to privacy, including the privacy of their correspondence and telephone communications. It also referenced Section 45 of the Constitution, which allows restrictions on privacy rights only through laws that are reasonably justifiable in a democratic society for reasons such as defence, public safety and public order.
The coalition further referred to the Nigerian Communications Act 2003, stating that authorised agencies such as the Office of the National Security Adviser, the State Security Service and the Nigeria Police Force must obtain a warrant from a Federal High Court judge before intercepting communications. It added that warrantless interception is only permissible in urgent and limited circumstances, with a requirement to seek judicial approval within 48 hours.
Under the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015, the group said law enforcement agencies may compel service providers to intercept communications where there are reasonable grounds to suspect a crime, but unauthorised interception constitutes a criminal offence punishable by fines or imprisonment.
The coalition questioned the legal basis upon which El-Rufai allegedly derived the authority to intercept the NSA’s communications and insisted that he and any collaborators should be arrested and investigated in accordance with the law.
“The arrest and investigation for prosecution for this crime of subversion of national security by Mr Nasir El-Rufai and his cohorts, might be the sealant to plugging the gaping hole in our security challenges occasioned by terrorism and banditry for which they could have been illegally tapping the NSA phone conversations and leaking sensitive security information to terrorists and bandits to continue to unleash havoc on Nigerians,” the statement concluded.
