El-Rufai denies interception allegations, says charges seek to criminalise public comment

Former Kaduna State Governor and chieftain of the African Democratic Congress (ADC), Nasir El-Rufai, has firmly denied allegations that he unlawfully intercepted the telephone communications of the National Security Adviser, describing reported criminal charges by the Federal Government as an attempt to criminalise a public statement.

In a detailed response issued on his behalf, El-Rufai rejected claims that he played any role in intercepting a phone conversation involving the National Security Adviser, Nuhu Ribadu.

The controversy stems from remarks attributed to El-Rufai in which he disclosed that an individual — who allegedly claimed to have intercepted a telephone conversation involving the NSA — informed him of a planned arrest and allowed him to listen to the said conversation.

The statement categorically denied any involvement in illegal surveillance, insisting that El-Rufai neither intercepted nor authorised the interception of any telephone communication.

“Mallam El-Rufai did not intercept any telephone communication. He did not authorize, direct, procure, finance, facilitate, or participate in any interception. He did not conspire with anyone to tap any telephone line,” the statement read.

It argued that under the Cybercrimes (Prohibition, Prevention, etc.) Act and the Nigerian Communications Act, interception constitutes a specific technical offence requiring proof of intentional and unlawful access to a communication system.

Criminal liability, it added, can only arise where there is credible evidence of direct participation, procurement, conspiracy, or aiding and abetting.

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“Mere presence when another person plays an alleged conversation, without prior knowledge, prior agreement, technical involvement, or encouragement, does not amount to interception in law. Presence is not participation; exposure is not conspiracy,” the statement emphasized.

The response further questioned whether any independent technical investigation had established that: Any interception of the NSA’s communication actually occurred; The telephone of the National Security Adviser was compromised; The method allegedly used had been identified; The identity of the alleged interceptor had been determined; Or any link whatsoever existed between El-Rufai and the alleged act.

The statement maintained that criminal prosecution must be preceded by credible evidence of a crime, warning against what it described as a rush to legal action without transparent and technically verifiable findings.

“Criminal charges cannot precede proof of a crime,” it said.

Citing the principle established in Woolmington v DPP, the statement underscored that the burden of proof rests squarely on the prosecution, noting that allegations — regardless of their political sensitivity — do not amount to evidence.

“Political discomfort is not proof beyond reasonable doubt,” it stated.

The former governor’s camp also clarified that his earlier remarks were intended to highlight concerns about information leakage and internal communication lapses within government circles, rather than to admit involvement in any unlawful act.

“That commentary cannot be distorted into participation in a crime,” the statement added.The response cautioned against what it described as the “weaponisation of criminal law” to address political disagreements or irritation, urging authorities to adhere strictly to due process.

“We remain confident that no credible case can be sustained against Mallam Nasiru El-Rufai because none exists in law or in fact,” the statement concluded.

As of press time, the Federal Government had not issued a fresh response to the rebuttal. The matter is expected to generate legal and political debate in the coming days, particularly regarding the interpretation of cybercrime and communications laws in cases involving alleged interception of sensitive government communications.