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According to human rights lawyer Inibehe Effiong, there is no recognized entity called the Department of State Services (DSS) in Nigerian law.

Inibehe expressed this comment in a Facebook post as he responded to the arraignment of Nasir El-Rufai, the former governor of Kaduna State, for allegedly intercepting phone calls involving National Security Adviser Nuhu Ribadu.

On Monday, El-Rufai was charged with cybercrime at the Federal High Court in Abuja due to alleged phone tapping.

Inibehe responded by saying that he has a few concerns regarding 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”.

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