* Nasir El-Rufai
The Pathfinder
Monday February 16, 2026
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The Federal Government is set to arraign former Kaduna State Governor, Nasir El-Rufai, before the Federal High Court in Abuja over allegations of unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu.
Court documents dated February 16, 2026, show that El-Rufai is facing a three-count charge bordering on alleged violations of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
According to the charge sheet, the former governor is accused of:
Allegedly admitting during a February 13 appearance on Arise TV’s Prime Time programme that he and his associates intercepted the NSA’s communications, contrary to Section 12(1) of the Cybercrimes Amendment Act, 2024.
Knowingly associating with individuals allegedly involved in unlawful interception without reporting them to security agencies, contrary to Section 27(b) of the same Act.
Using technical equipment or systems to compromise public safety and national security by intercepting communications, contrary to Section 131(2) of the Nigerian Communications Act, 2003.
The charges were filed by counsel representing the Department of State Services.
The court is expected to fix a date for arraignment in the coming days.
Legal Analysis and Possible Penalties
Legal analysts say the charges, if proven, fall within serious national security and cybercrime offences under Nigerian law.
1. Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024
Section 12(1) of the Act criminalises the intentional interception of electronic communications without lawful authority. Conviction under this provision may attract:
A term of imprisonment (which could range from several years to over a decade depending on the gravity of the offence and whether national security is implicated),
Substantial fines, or
Both imprisonment and fines.
Section 27(b), relating to knowingly facilitating or failing to report cybercrime activities, may also carry custodial sentences and financial penalties, particularly where the offence concerns national security infrastructure.
2. Nigerian Communications Act, 2003
Section 131(2) prohibits unlawful interception of communications and the unauthorised use of communication systems in a manner that threatens public safety or national security. Conviction under this law may result in:
Imprisonment,
Heavy fines, or
Both.
Where national security implications are established, courts typically treat such offences as aggravated.
Burden of Proof
Under Nigerian criminal law, the prosecution must prove its case beyond reasonable doubt. Legal practitioners note that the alleged admission on a televised programme, if properly tendered and admitted in evidence, could form a significant part of the prosecution’s case. However, admissibility, context, and interpretation of such statements may be contested by the defence.
El-Rufai, like any defendant, is presumed innocent until proven guilty by a court of competent jurisdiction.
Observers say the case could test the scope of Nigeria’s updated cybercrime framework, especially as it relates to high-profile political figures and alleged breaches involving national security communications.
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