‘No Entity Known as Department of State Service’ – Inibehe Effiong Says, Questions Legal Basis of Charge Against El-Rufai

El-Rufai was charged following comments he allegedly made during an interview on Arise TV, in which he claimed that the phone of the National Security Adviser, Nuhu Ribadu, had been wiretapped.

Reacting to the development, Effiong questioned the legal foundation of the charge, beginning with the identity of the prosecuting authority. He argued that there is no entity known to Nigerian law as the Department of State Services (DSS), as referenced in the charge.

“Firstly, there is no entity known to law as Department of State Services (DSS) as stated in this charge.

The National Security Agencies Act only recognizes and creates the State Security Service (SSS).

Secondly, the said Act does not vest the SSS with prosecutorial power.

Thirdly, does El-Rufai’s statement on Arise TV qualify as an “extrajudicial statement” under the law, same having not been made under caution? For a statement to be extrajudicial and confessional, it has to be under caution.

He didn’t say he wiretapped the NSA, he said someone else did and told him.”

According to him, the National Security Agencies Act only recognises and establishes the State Security Service (SSS). He further contended that the Act does not vest prosecutorial powers in the SSS.

Effiong also queried whether El-Rufai’s televised remarks could qualify as an “extrajudicial statement” under the law, noting that such statements must typically be made under caution to be considered confessional.

He emphasised that El-Rufai did not admit to personally wiretapping the National Security Adviser but rather claimed that he was informed by a third party.

Additionally, Effiong pointed to the constitutional right against self-incrimination, arguing that no court can compel El-Rufai to provide evidence against himself.

While clarifying that he is not a supporter of the former governor, Effiong maintained that the charge, as currently framed, raises significant legal issues that may ultimately be tested in court.

Meanwhile, Mallam El-Rufai has just reported at the headquarters of the Economic and Financial Crime Commission on invitation while protesters stormed the headquarters demanding a full investigation into his allegation.