The legal and political tensions surrounding former Kaduna State governor Nasir El-Rufai have escalated following the Federal Government’s decision to file a three-count criminal charge against him at the Federal High Court in Abuja. The case, instituted by the Department of State Services (DSS), centers on allegations that El-Rufai unlawfully intercepted the telephone communications of the National Security Adviser (NSA), Nuhu Ribadu.
The charge, marked FHC/ABJ/CR/99/2026, lists the Federal Republic of Nigeria as complainant and Mallam Nasir El-Rufai as defendant. At its core, the prosecution claims that El-Rufai admitted to the alleged interception during a televised interview on 13 February 2026.
The Alleged Admission on National Television
According to the charge sheet, the government contends that on 13 February, while appearing as a guest on Arise TV’s Prime Time programme in Abuja, El-Rufai acknowledged that he and unnamed associates unlawfully intercepted the phone communications of the NSA. The prosecution maintains that this admission forms the evidentiary backbone of Count One.
Under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024, unauthorized interception of electronic communications constitutes a criminal offence. By the government’s account, El-Rufai’s televised remarks amounted to a direct confession of conduct prohibited by law.
Count Two extends the accusation further. Prosecutors allege that during the same interview, El-Rufai stated he was aware of an individual who had unlawfully intercepted the NSA’s communications and that he maintained contact with that person without reporting the activity to security agencies, according to Nigerian newspaper, Vanguard. This, the government argues, violates Section 27(b) of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act 2024, which criminalizes the failure to report certain cyber-related offences.
Intersection with the Nigerian Communications Act 2003
The third count invokes Section 131(2) of the Nigerian Communications Act 2003. Here, the prosecution alleges that El-Rufai and others “still at large” used technical equipment or systems to intercept the NSA’s communications in a manner that compromised public safety and national security, thereby creating “reasonable apprehension” among Nigerians.
This provision of the Nigerian Communications Act 2003 is particularly significant because it addresses the broader national security implications of telecommunications interference. The law recognizes that unlawful interception is not merely a private dispute but a potential destabilizing act, especially when the target is the NSA. The position of NSA is not ceremonial; it coordinates sensitive intelligence and security policy. An intrusion into that channel carries weighty implications.
As of the filing of the charges, El-Rufai had not publicly responded to the three-count indictment.
Political Undercurrents and EFCC Appearance
The legal proceedings unfolded against a backdrop of visible political tension. On 16 February 2026, supporters of El-Rufai gathered at the headquarters of the Economic and Financial Crimes Commission (EFCC) in Abuja, where he had gone to honor an invitation from the anti-corruption agency.
Security operatives used tear gas to disperse supporters after some attempted to enter the premises alongside him. Video footage from the scene showed demonstrators chanting, “We go come back,” as tear gas smoke filled the air. Placards bore messages such as “El-Rufai na citizen, no be subject” and “We stand wit El-Rufai, we stand for law.”
One supporter alleged unequal treatment, claiming that individuals opposed to El-Rufai were permitted closer access to the EFCC gates while his supporters were kept at a distance. At the time of reporting, El-Rufai was inside the EFCC headquarters.
Claims of Arrest Attempts and Counter-Allegations
In earlier interviews, El-Rufai disclosed that the EFCC had sent him a letter of invitation while he was outside Nigeria and that he had pledged to comply upon his return. Prior to that, however, he had alleged that the government was seeking to arrest him. “Dem don arrest four of my pipo wey follow me work wen I be govnor of Kaduna State, so I know say na me be di next, and I dey wait for am,” he told BBC News Hausa.
He further claimed that operatives of the DSS attempted to arrest him at Abuja Airport upon his return from Egypt but that he refused to accompany them because they allegedly lacked a warrant or formal letter of invitation. According to him, supporters at the airport prevented what he described as a forced arrest. He also alleged that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had recruited the DSS to “abduct” him.
In another interview, El-Rufai asserted that the NSA, Nuhu Ribadu, ordered the DSS to arrest him. The NSA’s office has not publicly addressed that allegation.
Days after these events, El-Rufai wrote a letter to the office of the NSA and published it on his X account, alleging that the NSA’s office imported 10 kilograms of Thallium Sulphate, a highly toxic chemical. He called on the NSA to explain why the substance was brought into Nigeria and its intended use.
The NSA’s office denied importing the chemical and referred the matter to the DSS for investigation, requesting that El-Rufai provide proof of the alleged importation.
