₦airaland Forum

A Senior Advocate of Nigeria, Babatunde Ogala, has lent his voice to the saga involving the former governor of Kaduna State, Nasir El-Rufai, allegedly tapping the phone of the National Security Adviser, NSA, Nuhu Ribadu.

Speaking during an interview on Arise Television monitored by DAILY POST on Monday, Ogala said such an act was criminal and punishable by the law.

According to him, beyond the Cybercrime Act, tapping someone’s phone may offend some sections of the Data Protection Act.

Recall that El-Rufai admitted that he and others listened to the telephone conversations of the NSA after tapping his phone, an act that has received many criticisms from various quarters, including the presidency.

Reacting, Ogala said, “First let me say in the criminal prosecution, the onus is on the prosecution to prove the case beyond reasonable doubts.

“As it were today, what we just heard is that charges have been filed. Three count charges under the Cybercrime Act. And the Nigerian Communication Act has been profiled against El-Rufai.

“I have not seen the proof of evidence to be able to determine what is contained therein, it will be safe to presume that the prosecution team would have done their homework before bringing these charges.

“This is not only because it was done to the National Security Adviser, tapping the line of a regular citizen, you have to face the law. It is worse being done to the NSA.”

Source: https://dailypost.ng/2026/02/17/el-rufai-tapping-someones-phone-criminal-punishable-by-law-lawyer-ogala/

This is why I hate politics and politicians.

If El-Rufai decamps to the APC tomorrow, all cases involving him will disappear. Not a single reporter from any news media outlet will ask what happened, and to make things worse, some Nigerians will even cheer and congratulate El-Rufai.

Well, for now, Tinubu’s strategy is working: while I will be busy campaining and moving towards victory my fierce opponents should be busy appearing in court.

Smart man.

The opposition will most likely stear clear of this.

The man 'mis-yarned' and most high ranking opposition members wouldn't want to be part of this mess.

But when they tapped Obi's phone conversation, it was not criminal. 😁

MrEar:
Source: https://dailypost.ng/2026/02/17/el-rufai-tapping-someones-phone-criminal-punishable-by-law-lawyer-ogala/

Desperation for appointment and recognition has finally landed el rufai in trouble.

After conviction he should be moved to sokoto prison to link up with his friend.

EyeCumInPiece:
But when they tapped Obi's phone conversation, it was not criminal. 😁

But you guys and even Obi denied that conversation with Bishop? So you mean they hacked fake line? Is that why Obi refuse to carry out his threat of suing Gazette? Haaaa. Indeed, Yes Daddy!

I laughed when I read the view of one charge and bail lawyer on X who goes by the name inebehie Effiong. This same lawyer has never won a single case in court since he started practicing as a lawyer. He made himself and his client go to jail for a month. Chai nothing wey Musa no go see. Lawyer wey resemble Reverend king. 😁😁😁

Joke of a country. If the NSA admits his phone was bugged, he has no business holding that job. That means not even Tinubu phone isn't safe.

EyeCumInPiece:
But when they tapped Obi's phone conversation, it was not criminal. 😁

But Obi denied it, calling it fake, even threatened a lawsuit.. even though everybody knows the truth.

It is 100% Illegal to tap anyone's phone. In El Rufai's case with the NSA boss phone tapping incident, the statement by El Rufai isn't enough evidence to convict him of such crime, the NSA have to actually prove that his phone was tapped and that there is a direct link with the phone tapping to El Rufai. The NSA boss knows this. I'll rather they don't waste our time with such futility as charging him to court without direct evidence linking him to the phone tapping.

Bunch of comedians.

The question is, was the NSAs phone really tapped?

Saying I committed a crime without an actual crime taking place isn't a criminal offense.

Elrufai can only be sued for defamation. Nothing else

Reacting, Ogala said, “First let me say in the criminal prosecution, the onus is on the prosecution to prove the case beyond reasonable doubts.

Unfortunately, this is where the prosecution may get stuck.

Aside from El-Rufai’s verbal claim, there appears to be no supporting evidence to prove that Ribadu’s phone was actually tapped.

LibertyRep:
The opposition will most likely stear clear of this.

The man 'mis-yarned' and most high ranking opposition members wouldn't want to be part of this mess.

Absolutely correct.. the man really messed up. Smart politicians will be very weary of him going forward

EyeCumInPiece:
But when they tapped Obi's phone conversation, it was not criminal. 😁

did they know who tapped it?
This one the person gave himself out.

The beneficiary of a criminal act is also a criminal......
Arrogancy made Nasiru behave in such manner publicly and he will surely be punished.

I heard his friend Jiti and Jimi Disu this morning too, but only laugh. Leave politics for politicians. Jim is always afraid, at 70 nothing to fear. APC has ran down Nigeria. Ogala should just enjoy his LASU food quietly. He was same guy speaking rubbish during Osun tribunal on Nigeria info. These so called SANs are problems of Nigeria. They are following Tinubu for bread, not the truth.

And the mallam with zero emotional intelligence admitted to the crime on national TV. Seems he has a fully armed army of bandits at his disposal to fight a sitting government.

mohims:
I laughed when I read the view of one charge and bail lawyer on X who goes by the name inebehie Effiong. This same lawyer has never won a single case in court since he started practicing as a lawyer. He made himself and his client go to jail for a month. Chai nothing wey Musa no go see. Lawyer wey resemble Reverend king. 😁😁😁

No be every lawyer must be barrister.

EyeCumInPiece:
But when they tapped Obi's phone conversation, it was not criminal. 😁

I thought you guys said, it was AI and not OBI call.....
Are you now admitting now that Obi made that call....?

I swear, if elrufia gets away with what he said, for the first time , I will believe Nigeria judicial system is faulty !

after the efcc release him on bail dss will be waiting for him at the gate to answer further question

He would not have said that on National TV , that was a blantant mis fire from his own part .

garykoeman:
Desperation for appointment and recognition has finally landed el rufai in trouble.

After conviction he should be moved to sokoto prison to link up with his friend.

DMCA:
No be every lawyer must be barrister.

😁😁😁 Aswear you no lie. Chop knuckle abeg👊

MrEar:


This is why I hate politics and politicians.

If El-Rufai decamps to the APC tomorrow, all cases involving him will disappear. Not a single reporter from any news media outlet will ask what happened, and to make things worse, some Nigerians will even cheer and congratulate El-Rufai.

Well, for now, Tinubu’s strategy is working: while I will be busy campaining and moving towards victory my fierce opponents should be busy appearing in court.

Smart man.

If tomorrow El-Rufai cross carpet to APC and everything is sweep under the carpet then that will be very very unfortunate because this crime is not against APC but against Nigerians.

Hahahahahaha

Prove it lets see

But budget padding is not a punishable offense.

Mumu people

MrEar:


This is why I hate politics and politicians.

If El-Rufai decamps to the APC tomorrow, all cases involving him will disappear. Not a single reporter from any news media outlet will ask what happened, and to make things worse, some Nigerians will even cheer and congratulate El-Rufai.

Well, for now, Tinubu’s strategy is working: while I will be busy campaining and moving towards victory my fierce opponents should be busy appearing in court.

Smart man.

Was it tinubu that said rufai should open his mouth waaaaa and confess to an illegality on camera?

You guys love to rope tinubu for things that don't concern him,

Opposition will be disjointed and pursue selfish ambition they will blame tinubu.

With an option of fine of 5m.

The only crime that the Nigerian state frowns at is the one involving arms or outright murder.

Every other crime can be negotiated with money.

Fraud, drugs, wiretapping, nepotism etc can be negotiated with money and you'll be free. It is for this sole reason that crime will not end cos money will buy you justice

So even if Elrufai is found guilty, he won't spend a day in Kuje cos he'll negotiate his way out cos he has the money

pipnator00:
It is 100% Illegal to tap anyone's phone. In El Rufai's case with the NSA boss phone tapping incident, the statement by El Rufai isn't enough evidence to convict him of such crime, the NSA have to actually prove that his phone was tapped and that there is a direct link with the phone tapping to El Rufai. The NSA boss knows this. I'll rather they don't waste our time with such futility as charging him to court without direct evidence linking him to the phone tapping.

For self admittance to a crime...?

You simply don't know the law!

9am tomorrow morning Courtroom 6, you will hear from Justice Joyce Abdulmalik!

Well maybe you’re right that the NSA has to prove a crime occurred, but El-Rufai didn't just 'hint' at a crime—he walked into a three-way legal trap that makes 'direct evidence' of the actual wiretap secondary:

1. The 'Admission' is the Crime: Under Section 12(1) of the Cybercrimes Act 2024, 'unlawful interception' isn't just about holding the recording device. The law also criminalizes the use or disclosure of information you know was intercepted unlawfully. By describing the content of the NSA's private call on Arise TV, he arguably 'disclosed' intercepted info, which is a completed crime the moment he spoke.

2. Misprision of a Felony: [/b]This is the big one. In the interview, El-Rufai said, 'We listen to their calls... we have our ways.' By admitting he has access to people or systems that can tap the NSA, but failing to report those 'ways' to the authorities, he’s hit with Count 2: failing to report a felony. The prosecution doesn't need to find a 'bug' in Ribadu's phone to prove El-Rufai failed to report a crime he publicly claimed to know about.

3. [b]The 'TV Confession' is High-Grade Evidence: Nigerian courts (like in Osung v. State) treat voluntary confessions as the 'highest place of authenticity.' Unlike a police statement which can be denied as 'forced,' a live TV interview is a Judicial Admission. The prosecution just needs a Section 84 Certificate to tender the video, and the burden of proof shifts to El-Rufai to explain why he lied on TV if he now claims he didn't actually tap the phone.

The Bottom Line: The NSA doesn't need to prove 'who' did it. They just need to prove that El-Rufai admitted it was done and that he benefited/disclosed the info. In the eyes of the law, his tongue did the work that a forensic expert usually has to do."

How do you know , cho cho cho, you will soon follow el rufai footstep, talking too much is a problem

Maxymilliano:
Unfortunately, this is where the prosecution may get stuck.

Aside from El-Rufai’s verbal claim, there appears to be no supporting evidence to prove that Ribadu’s phone was actually tapped.

EyeCumInPiece:
But when they tapped Obi's phone conversation, it was not criminal. 😁

No, you are mixing it up. Even obi conversation was tapped then I didn't support it cus it is not nice going that direction, however did anyone hear it was Tinubu who directly did it? No, why will el rufai descended that low and he even says it with his own mouth on live camera, Haba!!!

How will you feel if obi at his age saying he tap somebody number how will you feel?

There are thing an elderly Eton should grow out of this kind of thing should be done by his followers despite its wrong not him el rufai involving directly and still says it publicly. No pls No. Ok

El Rufai messed up. He created problem for himself. If you talk too much you will create problem for yourself. We should always be very careful of what we say.
Besides, if he has no ulterior motive why should he hack the phone of a National Security Adviser? Surprisingly he was still saying it openly as if he has done the right thing. Who helped him to do the job? What was the reason?