By Bashiru Abdul Mohammed,
Legal Analysis.
The reported admission by former Kaduna State Governor, Nasir El-Rufai, during a live television programme suggesting that he wire-tapped or tracked the telephone conversation of Nigeria’s National Security Adviser has raised serious legal, constitutional, and national security questions under Nigerian law.
Under Section 12 of the Cybercrimes Prohibition, Prevention Act, 2015, it is a criminal offence to intentionally intercept or monitor electronic communications without lawful authority. The law prescribes penalties of up to five years’ imprisonment, a fine of up to ₦5 million, or both upon conviction. Legal experts note that the provision applies to all persons, including public officials and former office holders.
Furthermore, Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 as amended guarantees and protects the privacy of citizens’ telephone conversations and communications. Any unlawful interception may constitute a violation of fundamental rights and attract criminal and civil consequences.
Similarly, the Nigerian Communications Act, 2003 prohibits unauthorized interception or disclosure of telecommunications. Violations under the Act carry criminal sanctions, including fines and imprisonment.
Given the sensitive role of the National Security Adviser in Nigeria’s security framework, such claims, if substantiated, could prompt investigation by relevant authorities, including the Department of State Services and the Nigeria Police Force.
Legal analysts, note that statements made voluntarily during live broadcasts may form part of admissible evidence, although criminal liability can only be established through due legal process.
If proven, unlawful interception of communications involving a senior national security official would constitute a serious breach of Nigerian law, with potential consequences including criminal prosecution, fines, imprisonment, and broader national security implication.
Mallam Nasir is not being PERSECUTED but will be PROSECUTED if found culpable.
About the Author:
Bashiru Abdul Mohammed, BAM, ANIPR, is a member of the Nigerian Institute of Public Relations. He holds academic and master’s degrees in Mass Communication, Journalism, and Public Relations. He is currently studying law (LL.B in view). He serves as Special Adviser on Public Communications to Rt. Hon Chief (Elder) Leke Joseph Abejide, Member representing Yagba Federal Constituency in the House of Representatives—Chairman, House Committee on Customs and Excise.
Email: saonpubliccomunication@gmail.com
Federal Capital Territory, Abuja—Nigeria.
