A Senior Advocate of Nigeria, Babatunde Ogala, SAN, has stated that former Kaduna State Governor Mallam Nasir El-Rufai might be sending the wrong message to the public if he is not held accountable for admitting to tapping the phone of the National Security Adviser, Mallam Nuhu Ribadu.
He warned that, if nothing is done about El-Rufai, anyone might wake up one day and appear on national TV to declare that they want to shoot the president.
The experienced lawyer pointed out that El-Rufai’s statement goes beyond the Cybercrime Act, noting that tapping someone’s phone could also violate parts of the Data Protection Act.
He emphasized that the seriousness of the offense is not limited to the National Security Adviser’s phone. Tapping the line of an ordinary citizen is also a serious crime, and anyone who does so must face the law.
“In a criminal case, it’s up to the prosecution to prove that the person is guilty beyond reasonable doubt. So far today, what we’ve just heard is that charges have been filed, three charges related to cybercrimes and the Nigerian Communications Act.
“I haven’t seen any evidence to know what’s inside, but it’s safe to assume the prosecution team did their research before filing these charges.
“In my opinion, if someone is tapping into communications, invading privacy, or listening in through any method not allowed by law, it goes beyond the Cybercrimes Act. It might also violate parts of the Data Protection Act.
“Let’s not just assume it’s wrong because it’s the National Security Adviser’s phone. Tapping my line or yours also breaks the law, and it is even more serious when it involves the National Security Adviser’s phone.
“We ought to distinguish official lines. I don’t think any country with a responsible government would allow someone to access its security systems and then pretend not to notice.
“But when you go on national television… I want us to separate politics from criminal behavior. I cannot imagine any country that claims freedom as almost complete allowing anyone to say anything they want without consequences.
“I don’t think any American would wake up tomorrow and admit to tapping into the official line of the Pentagon and expect the country to ignore it.
“And this is an admission on national TV. It’s like me going into a market or Yaba Bus Stop and saying, ‘I just killed someone.’ Then you would think, because I have freedom of speech, the police should first check whether I actually committed the crime before arresting me?
“If this is allowed to happen, someone else might say on national TV, ‘I’m going to shoot the President tomorrow.’ And if that kind of talk is treated as merely political, it would look like freedom taken too far,” he said on Arise News.
