El-Rufai seeks dismissal of DSS charges, demands ₦2bn damages

Former Kaduna State Governor, Nasir El‑Rufai, has filed a motion before the Federal High Court seeking to quash criminal charges instituted against him by the Department of State Services (DSS), describing the case as incompetent and an abuse of court process.

The application, filed in response to Charge No. FHC/ABJ/CR/99/2026 pending before the Federal High Court, is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.

In the motion, El-Rufai asked the court to strike out the charge dated February 16, 2026, arguing that it discloses no offence known to law and fails to establish a prima facie case. He also requested ₦2 billion in costs against the DSS, alleging misuse of the criminal justice system to harass and embarrass him.

Court documents show the motion lists 17 grounds for dismissal, challenging the constitutional validity of the charges. The former governor contended that the allegations cite offences not recognised by law and fall short of statutory requirements. He further raised issues of duplicity, lack of evidence, prosecutorial incompetence, bad faith, and what he described as political persecution.

El-Rufai’s legal team argued that the prosecution violates his fundamental rights under the 1999 Constitution, including the presumption of innocence, the right against self-incrimination, and provisions requiring that offences be defined in written law. They also cited rights to freedom of expression and association.

The team said the Director-General of the DSS was formally notified of the application through a letter dated February 18, outlining the filing and details of counsel.

The DSS had fixed February 25 for El-Rufai’s arraignment over alleged cybercrime and national security breaches. The agency filed a three-count charge accusing the former governor of unlawfully intercepting the telephone conversation of the National Security Adviser, Nuhu Ribadu.

According to the DSS, El-Rufai’s alleged actions contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

In the first count, prosecutors alleged that during an appearance on ARISE TV Prime Time in Abuja on February 13, 2026, El-Rufai admitted that he and others unlawfully intercepted the NSA’s phone communications, an offence punishable under the Cybercrimes Amendment Act.

The second count accused him of acknowledging that he knew an individual involved in intercepting the NSA’s communications without reporting the person to security authorities, which the DSS said is also punishable under the law.

During the television interview, El-Rufai claimed he overheard Ribadu directing security operatives to detain him, linking the alleged directive to what he described as an attempted arrest at the Nnamdi Azikiwe International Airport on February 12 after returning from Cairo, Egypt.