By Peter Omopo
Former Kaduna State Governor Nasir El-Rufai has filed a motion at the Federal High Court seeking to quash charges brought against him by the Department of State Services, describing the case as incompetent and an abuse of court process.
The application, filed in response to Charge No. FHC/ABJ/CR/99/2026, is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik. El-Rufai is requesting the court to strike out the February 16, 2026 charge on the grounds that it discloses no offence known to law, constitutes an abuse of judicial process, and fails to establish a prima facie case against him.
The former governor is also seeking N2 billion in costs against the DSS, alleging misuse of the criminal justice system to harass and embarrass him. The motion, which lists 17 grounds for dismissal, challenges the constitutional validity of the charges, citing alleged duplicity, lack of evidence, absence of prosecutorial competence, bad faith, and political persecution.
According to court documents, the motion argues that the prosecution violates several constitutional provisions, including Sections 36(5), 36(11), and 36(12) of the 1999 Constitution on presumption of innocence, protection against self-incrimination, and requirement that offences be defined in written law, as well as Sections 39 and 40 on freedom of expression and association.
The DSS had scheduled February 25 to arraign El-Rufai over alleged cybercrime and breach of national security. The three-count charge accuses him of unlawfully intercepting the phone communications of the National Security Adviser, Nuhu Ribadu, contravening the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
The first count alleges that on February 13, 2026, during a live Arise TV interview, El-Rufai admitted to intercepting the NSA’s communications. The second count claims he acknowledged knowing someone who intercepted the NSA’s communications without reporting it. The DSS says these acts are punishable under Sections 12(1) and 27(b) of the Cybercrimes Act.
During the interview, El-Rufai stated that he overheard Ribadu directing security operatives to detain him, linking it to an attempted arrest at Nnamdi Azikiwe International Airport on February 12 upon his return from Cairo, Egypt.
El-Rufai’s legal team notified the DSS of the motion on February 18, formally communicating the filing and counsel details. The motion seeks to protect his constitutional rights and stop what he describes as political persecution.
