By Paul Joseph
Former Kaduna State Governor, Nasir El-Rufai, has filed a motion asking the court to dismiss charges brought against him by the Department of State Services, describing the case as a gross abuse of court process.
The application challenges Charge No. FHC/ABJ/CR/99/2026 currently before the Federal High Court. The matter is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
In the motion, El-Rufai is seeking an order to quash or strike out the charge dated February 16, 2026. He argued that the allegations disclose no offence known to law and fail to establish a prima facie case against him. He is also asking the court to discharge him entirely.
Beyond seeking dismissal, the former governor is demanding N2 billion in compensation against the DSS. He accused the agency of misusing the criminal justice system to harass and embarrass him.
According to court documents, the motion lists 17 grounds for dismissal. These include claims that the charges cite offences not recognised by law, contain duplications, lack evidence, and reflect bad faith and political persecution.
His legal team also argued that the prosecution violates key constitutional provisions. These include Section 36(5) of the 1999 Constitution on presumption of innocence, Section 36(11) on protection against self-incrimination, and Section 36(12) which requires that offences must be defined in written law. They also cited Sections 39 and 40, which guarantee freedom of expression and association.
The DSS had filed a three-count charge accusing El-Rufai of unlawfully intercepting the telephone conversation of the National Security Adviser, Nuhu Ribadu. The agency claimed his actions violated provisions of the Cybercrimes Amendment Act 2024 and the Nigerian Communications Act 2003.
One of the counts referenced comments allegedly made by El-Rufai during an appearance on Arise TV, where he reportedly admitted to overhearing a conversation involving the NSA. He also claimed during the interview that he overheard directives to detain him, linking it to an attempted arrest at the Nnamdi Azikiwe International Airport after his return from Cairo.
The court is expected to decide on the motion as the legal battle between El-Rufai and security agencies continues to unfold.
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