El-Rufai Asks Court to Quash DSS Charges, Seeks N2 Billion in Damages

Former Kaduna State Governor, Nasir El-Rufai, has filed an application before the Federal High Court in Abuja seeking to quash the criminal charges brought against him by the Department of State Services (DSS), describing the case as incompetent and an abuse of judicial process.

The application is in response to Charge No. FHC/ABJ/CR/99/2026, which is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.

In the motion, Mr. El-Rufai is asking the court to strike out the charge dated February 16, 2026, on the grounds that it discloses no offence known to law. He also contends that the charge fails to establish a prima facie case against him and constitutes an abuse of court process.

The former governor is further seeking N2 billion in costs against the DSS, alleging what his legal team describes as the unconstitutional use of the criminal justice system to harass and embarrass him.

According to court documents, the motion lists 17 grounds for dismissal, challenging the constitutional validity of the charges. The application argues that the offences cited are not known to law and fail to meet statutory requirements. Other grounds include alleged duplicity of charges, absence of evidence, lack of prosecutorial competence, and claims of bad faith and political persecution.

The application further contends that the prosecution violates several provisions of the 1999 Constitution, including Section 36(5), which guarantees the presumption of innocence; Section 36(12), which requires that offences be defined in written law; and Sections 39 and 40, which guarantee rights to freedom of expression and association.

Mr. El-Rufai’s legal team said it formally notified the Director-General of the DSS of the application through a letter dated February 18.

The DSS had filed a three-count criminal charge against the former governor, accusing him of unlawfully intercepting the telephone conversation of the National Security Adviser, Nuhu Ribadu.

The charges stem from comments Mr. El-Rufai made during a live interview on Arise Television on February 13, 2026. According to the DSS, the former governor admitted during the programme that he and others unlawfully intercepted the phone communications of the NSA.

In the first count, the DSS alleges that the admission contravenes Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024. A second count accuses Mr. El-Rufai of knowing an individual who unlawfully intercepted the NSA’s phone communications without reporting the person to relevant security agencies, an offence punishable under Section 27(b) of the same Act.

During the television interview, Mr. El-Rufai had claimed that he overheard Mr. Ribadu directing security operatives to detain him. He linked the alleged directive to an attempted arrest at the Nnamdi Azikiwe International Airport on February 12, upon his return from Cairo, Egypt.