BREAKING: El-Rufai Seeks Dismissal of DSS Charge, Demands N2bn Compensation

A former Kaduna State Governor, Nasir El-Rufai, has filed a motion before the Federal High Court seeking the dismissal of criminal charges instituted against him by the Department of State Services (DSS), describing the case as incompetent and a gross abuse of court process.

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

In the motion dated February 16, 2026, El-Rufai is asking the court to quash or strike out the three-count charge on the grounds that it discloses no offence known to law and constitutes an abuse of the judicial process. He further urged the court to discharge him, arguing that the prosecution failed to establish a prima facie case.

The former governor is also seeking N2 billion in costs against the DSS for what he described as the “abuse and misuse of the court process” and the unconstitutional deployment of the criminal justice system to harass and embarrass him.

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

El-Rufai’s legal team also argued that the prosecution violates several provisions of the 1999 Constitution, including Section 36(5) on presumption of innocence; Section 36(11) on protection against self-incrimination; Section 36(12), which requires offences to be defined in written law; as well as Sections 39 and 40, which guarantee the rights to freedom of expression and association.

The defence disclosed that the Director-General of the DSS was formally notified of the motion through a letter dated February 18, 2026, communicating the filing of the application and details of counsel representing the former governor.

Earlier, the DSS had fixed February 25, 2026, for El-Rufai’s arraignment over alleged cybercrime and breach of national security.

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 charge, the alleged offences contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024 and the Nigerian Communications Act, 2003.

In the first count, the DSS alleged that El-Rufai, on February 13, 2026, while appearing as a guest on Arise TV’s Prime Time Programme in Abuja, admitted during the interview that he and others unlawfully intercepted the phone communications of the NSA — an offence punishable under Section 12(1) of the Cybercrimes Amendment Act, 2024.

In count two, he was accused of stating during the same interview that he knew and related with an individual who unlawfully intercepted the NSA’s communications without reporting the person to security agencies, an offence said to be punishable under Section 27(b) of the Act.

During the live interview, El-Rufai had claimed that he overheard Ribadu directing 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, 2026, upon his return from Cairo, Egypt.

The court is expected to hear arguments on the motion and proceed with the scheduled arraignment on February 25.