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By Oscar Okhifo
Human rights lawyer Iniebehe Effiong has raised concerns over apparent legal defects in the cybercrime charge filed against former Kaduna State Governor Nasir El-Rufai.
El-Rufai was charged over allegations that he unlawfully intercepted the phone communications of the National Security Adviser, Nuhu Ribadu.
In a Facebook post on Monday, Effiong highlighted what he described as flaws in the charge sheet, particularly references to the Department of State Services and the legal competence of the prosecution.
“The law only recognizes ‘State Security Services (SSS)’ and not ‘Directorate of State Services (DSS).’ The Service has no prosecutorial powers. Also, El-Rufai did not personally carry out the wiretapping; he said he was told by someone who did. On what basis is he being prosecuted?”
He questioned whether prosecutors would exercise due diligence and amend the charge as necessary, expressing hope that the concerns would prompt a review by the relevant authorities.
Effiong stressed that his position was not motivated by political sympathy for El-Rufai but by concern for adherence to proper legal procedure.
Nigerians would recall that courts have, in several cases, dismissed serious prosecutions anchored on weak foundations.
Judges have, at times, publicly criticized prosecuting agencies for lack of diligence.