Erstwhile Governor of Kaduna State, Nasir El-Rufai, has approached the Federal High Court in Abuja to seek the dismissal of criminal charges filed against him by the Department of State Services (DSS), describing the case as legally defective and an abuse of court process.
The application marked No. FHC/ABJ/CR/99/2026, which is pending before the Federal High Court, is scheduled for hearing on Wednesday, February 25, 2026, before Justice Joyce Abdulmalik.
In the motion, El-Rufai is asking the court to quash or strike out the charge dated February 16, 2026, arguing that it discloses no known offence and fails to establish a prima facie case against him.
The former FCT Minister is also seeking ₦2 billion in costs against the DSS, alleging what he termed the misuse of the criminal justice system to harass and embarrass him.
Court documents show that the motion is anchored on 17 grounds, including claims that the charges cite offences not recognised by law, are legally defective and amount to political persecution. The defence also questions the competence of the prosecution and alleges a lack of credible evidence.
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El-Rufai further contends that the case violates provisions of the 1999 Constitution, including Section 36(5) on presumption of innocence, Section 36(11) on protection against self-incrimination, and Section 36(12), which requires that offences be defined in written law.
He also cited Sections 39 and 40, which guarantee freedom of expression and association.
His legal team stated that the Director-General of the DSS was formally notified of the application via a letter dated February 18.
The DSS had earlier filed a three-count charge accusing the former governor of cybercrime and threats to national security.
The agency alleged that El-Rufai unlawfully intercepted a telephone conversation involving the National Security Adviser, Nuhu Ribadu, in contravention of provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
In one of the counts, the DSS alleged that during a February 13, 2026, appearance on Arise TV’s Prime Time Programme in Abuja, El-Rufai admitted to involvement in intercepting the NSA’s phone communications, an offence said to be punishable under Section 12(1) of the Cybercrimes Act.
Another count accused him of acknowledging during the same programme that he was aware of an individual who unlawfully intercepted the NSA’s communications without reporting the matter to security agencies, contrary to Section 27(b) of the Act.
During the televised interview, El-Rufai claimed he overheard Ribadu instructing security operatives to detain him. He linked the alleged directive to what he described as an attempted arrest at the Nnamdi Azikiwe International Airport on February 12 upon his return from Cairo, Egypt.
The matter is expected to come up for hearing on February 25.
