El-Rufai was on Monday charged with cybercrime at the Federal High Court in Abuja over the alleged phone tapping.
Inibehe Effiong has stated that, under Nigerian law, there is no officially recognized body called the Department of State Services (DSS).
Inibehe made the remark in a Facebook post while reacting to the arraignment of former governor of Kaduna State Nasir El-Rufai over the allegedly tapping telephone conversation of National Security Adviser, NSA Nuhu Ribadu.
Recall that El-Rufai was on Monday charged with cybercrime at the Federal High Court in Abuja over the alleged phone tapping.
Reacting, Inibehe said he has a few issues with the charges.
He wrote, “Firstly, there is no entity known to law as Department of State Services, DSS as stated in this charge.
“The National Security Agencies Act only recognizes and creates the State Security Service, SSS.
“Secondly, the said Act does not vest the SSS with prosecutorial powers.
“Thirdly, does El-Rufai’s statement on Arise TV qualify as an “extrajudicial statement” under the law, same having not been made under caution? For a statement to be extrajudicial and confessional, it has to be under caution.
“He didn’t say he wiretapped the NSA, he said someone else did and told him.
“The constitutional right against self-incrimination will endure in his favour. No court can compel him to give evidence against himself.
“I am not a fan of El-Rufai, but this charge appears problematic in law. Time will tell”.