JUST IN: EL-RUFAI FILES MOTION TO DISMISS DSS CASE, SEEKS N2Bn COMPENSATION
Read Time:2 Minute, 45 Second
By: Balogun Ibrahim
Former Kaduna State Governor Nasir El-Rufai has filed an application requesting the court to quash charges brought against him by the Department of State Services, describing the case as incompetent and a serious abuse of court process.
The application responds to Charge No. FHC/ABJ/CR/99/2026, currently pending before the Federal High Court, with the matter scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
In the motion, El-Rufai seeks an order to strike out the February 16, 2026, charge, arguing that it fails to disclose any offence recognized by law and represents an abuse of the judicial process.
He is also requesting the court to discharge him, contending that the charge does not establish a prima facie case.
The former governor is also seeking N2 billion in costs from the Department of State Services, accusing the agency of “abuse and misuse of the court process” and the unconstitutional use of the criminal justice system to harass and embarrass him.
Court documents show that the motion, which lists 17 grounds for dismissal, challenges the constitutional validity of the charges, arguing that they reference offences not recognized by law and fail to meet statutory requirements. Other claims include alleged duplicity, lack of evidence, insufficient prosecutorial competence, and assertions of bad faith and political persecution.
The application further argues that the prosecution violates multiple constitutional provisions protecting El-Rufai’s fundamental rights. These include Section 36(5) of the 1999 Constitution, which guarantees the presumption of innocence; Section 36(11), which safeguards the right against self-incrimination; Section 36(12), requiring that offences be defined in written law; and Sections 39 and 40, which protect freedoms of expression and association.
El-Rufai’s legal team stated that they formally informed the Department of State Services Director-General of the application through a letter dated February 18, providing details of the filing and the contact information of his legal counsel.
The Media reported that the Department of State Services had scheduled February 25 for the arraignment of former Kaduna State Governor Nasir El-Rufai over alleged cybercrime and breach of national security.
The DSS filed a three-count criminal charge against El-Rufai, accusing him of unlawfully intercepting the telephone communications of the National Security Adviser, Nuhu Ribadu.
The secret police claimed that El-Rufai’s actions violated the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
In the first count, the DSS alleged that on February 13, 2026, in Abuja, El-Rufai admitted that he and others unlawfully intercepted the NSA’s phone communications an act said to contravene Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
The second count accuses him of admitting in the same interview that he knew and interacted with an individual who unlawfully intercepted the NSA’s phone communications without reporting the person to the relevant security agencies.
The DSS said this alleged offence is punishable under Section 27(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
El-Rufai claimed that he overheard Nuhu Ribadu instructing security operatives to detain him, linking the alleged directive to what he described as an attempted arrest at Nnamdi Azikiwe International Airport on February 12, following his return from Cairo, Egypt.
Happy
0 %
Sad
0 %
Excited
0 %
Sleepy
0 %
Angry
0 %
Surprise
0 %
0
0