Former Kaduna State Governor, Nasir El-Rufai, don tell Federal High Court for Abuja say Department of State Services (DSS) no get legal ground to prosecute am over alleged interception of phone calls of National Security Adviser, Nuhu Ribadu.
For motion wey im lawyers file, El-Rufai list 17 reasons why di three-count charge against am suppose quash. Di former governor, wey suppose appear before Justice Joyce Abdulmalik, argue say di charge no correct for law and na political witch-hunt.
“Na Casual Remark, No Be Confession”
El-Rufai say wetin e talk during interview for Arise TV no be confession under Nigerian law. According to am, for statement to count as confession, e must be made under caution and follow proper legal procedure.
“Casual remark for television programme no fit turn to judicial confession,” im lawyers argue.
Di former governor also criticize di use of di word “cohorts” inside di charge sheet, say di term no dey anywhere for criminal laws like Criminal Code, Penal Code or ACJA, and e too vague to use for criminal pleading.
EFCC Property Case Still Dey
Meanwhile, Economic and Financial Crimes Commission (EFCC) dey prosecute El-Rufai for separate money laundering case. Di anti-graft agency earlier talk say dem trace properties worth over N212 billion to am during investigation.
For dis phone-tapping matter, DSS allege say El-Rufai violate provisions of di Cybercrimes Act and Nigerian Communications Act, say e either intercept NSA phone communication or fail to report di alleged offence.
But El-Rufai insist say DSS no disclose di specific communication intercepted or di equipment wey dem claim say e use, adding say dem no establish prima facie case against am.
N2bn Damages Demand
Apart from asking di court to strike out di charge, El-Rufai dey seek N2 billion cost against DSS, accuse dem of abusing court process and using criminal justice system to harass and embarrass am publicly.
Di case don continue to generate national debate as Nigerians dey watch how di court go handle di high-profile political and security matter.
