Former Kaduna State Governor Nasir El-Rufai has filed a motion before the Federal High Court in Abuja seeking to quash the criminal charges brought against him by the Department of State Services (DSS), describing them as incompetent, unconstitutional, and an abuse of court process.
The application targets Charge No. FHC/ABJ/CR/99/2026, scheduled for hearing on 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, on grounds that it discloses no known offence under Nigerian law and constitutes an abuse of judicial process
– Discharge him, arguing that the charge fails to establish a prima facie case
– Award N2 billion in costs against the DSS for what he describes as “abuse and misuse of the court process” and the unconstitutional weaponisation of the criminal justice system to harass and embarrass him
The motion lists 17 grounds, including claims that the charges cite non-existent offences, violate statutory requirements, are duplicitous, lack evidential foundation, show absence of prosecutorial competence, and reflect bad faith and political persecution.
El-Rufai’s legal team further contends that the prosecution breaches multiple constitutional provisions protecting fundamental rights, including:
– Section 36(5) – presumption of innocence
– Section 36(11) – right against self-incrimination
– Section 36(12) – requirement that offences be defined in written law
– Sections 39 and 40 – rights to freedom of expression and association
The team notified the DSS Director-General of the filing through a letter dated February 18, 2026, formally communicating the application and details of counsel.
Recall that the DSS has scheduled February 25, 2026, for El-Rufai’s arraignment over alleged cybercrime and breach of national security.
The three-count charge accuses him of unlawfully intercepting the telephone communications of National Security Adviser Nuhu Ribadu, contrary to provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
Count one alleges that on February 13, 2026, during an appearance on Arise TV’s Prime Time programme in Abuja, El-Rufai admitted to intercepting the NSA’s communications, an offence punishable under Section 12(1) of the Cybercrimes Act.
Count two accuses him of acknowledging awareness of and association with an individual who unlawfully intercepted the NSA’s phone without reporting the act, punishable under Section 27(b) of the same Act.
The charges stem from El-Rufai’s live TV interview where he claimed to have overheard Ribadu directing security operatives to detain him, linking it to an alleged attempted arrest at Nnamdi Azikiwe International Airport on February 12, 2026, upon his return from Cairo, Egypt.
The case has sparked intense public debate over whether it represents a legitimate national security prosecution or, as El-Rufai claims, political persecution and abuse of legal process.
