By Adesakin Adefemi
A Senior Advocate of Nigeria, Babatunde Ogala (SAN), has raised alarm over former Kaduna State Governor Nasir El‑Rufai’s on‑air confession that he tapped the phone of National Security Adviser (NSA) Nuhu Ribadu. Ogala warned that failing to hold El‑Rufai accountable could embolden others to commit similar or even more dangerous acts, such as threatening the president’s life on live television.
Speaking on Arise News, Ogala explained that phone‑tapping breaches not only the Cybercrimes Act but also sections of the Data Protection Act. He stressed that the offence is serious regardless of whose line is compromised whether it belongs to a high‑ranking official or an ordinary citizen.
“In a criminal case, the prosecution must prove guilt beyond reasonable doubt,” Ogala said. “So far, we have three charges related to cybercrimes and the Nigerian Communications Act, but I have yet to see the evidence. It’s safe to assume the prosecution did its research before filing.”
Ogala added that any unauthorised interception of communications, “through any method not allowed by law,” goes beyond cybercrime statutes and could trigger additional penalties under data‑privacy legislation. He emphasized that tapping the NSA’s line is especially grave given its security implications.
He cautioned against dismissing the incident as mere political rhetoric. “If someone can admit on national TV to tapping a security line and walk away, tomorrow someone else might say, ‘I’m going to shoot the President,’ and expect no consequences. That’s freedom taken too far,” Ogala warned.
The SAN drew a parallel with other nations, noting that no responsible government would tolerate a citizen publicly claiming to have breached its security apparatus. “You wouldn’t see an American on television brag about hacking the Pentagon and expect no response,” he said.
Ogala’s remarks come amid a broader debate over El‑Rufai’s alleged phone‑hacking activities, with political figures such as Rotimi Amaechi and Hakeem Baba‑Ahmad already questioning the former governor’s capacity and motives. Critics argue that El‑Rufai’s actions could be part of a larger political maneuver ahead of the 2031 presidential race.
Legal analysts say the case could set a precedent for how Nigeria handles high‑profile cyber‑offences and protect government communications. Prosecutors are expected to present technical evidence, including forensic analysis of the intercepted calls, to substantiate the charges.
Civil‑society groups have called for a swift, transparent trial, urging the judiciary to send a clear message that illegal surveillance—regardless of political status—will not be tolerated. They also stress the need to protect citizens’ privacy rights under the Data Protection Act.
As the nation watches, the outcome of this case may shape Nigeria’s legal landscape on cybercrime, data privacy, and the limits of free speech, while determining whether powerful individuals can evade accountability for actions that threaten national security.
