Former Kaduna State governor, Nasir El-Rufai, has filed an application with the court to quash charges brought against him by the Department of State Services, describing the case as inept and a blatant abuse of the court process.
The application was submitted in response to Charge No. FHC/ABJ/CR/99/2026, which is pending before the Federal High Court. Justice Joyce Abdulmalik will hear the case on February 25, 2026.
El-Rufai seeks an order quashing or striking out the charge dated February 16, 2026, on the grounds that it discloses no legally recognized offense and represents an abuse of the judicial process.
He further asks the court to discharge him since the charge fails to establish a prima facie case.
In addition, the former governor is seeking N2 billion in expenses from the DSS, alleging “abuse and misuse of the court process” and the unlawful use of the criminal justice system to harass and shame him.
According to court documents, the request, which counts 17 grounds for dismissal, questions the constitutionality of the allegations, claiming that they cite acts unknown to the law and fail to meet statutory standards. Other grounds include alleged dishonesty, a lack of evidence, a lack of prosecutorial skill, and accusations of bad faith and political persecution.
The application also contends that the prosecution violates several constitutional provisions that breach El-Rufai’s fundamental rights, including Section 36(5) of the 1999 Constitution, which guarantees the presumption of innocence; Section 36(11), which provides for the right against self-incrimination; Section 36(12), which requires that offenses be defined in written law; as well as Sections 39 and 40, which guarantee the rights to freedom of expression and freedom of association, respectively.
El-Rufai’s legal team stated that it alerted the Director-General of the DSS of the application via a letter dated February 18, formally transmitting the submission and the details of his counsel.
The DSS had fixed February 25 to arraign El-Rufai over alleged cybercrime and breach of national security.
The DSS had filed a three-count criminal indictment against the former governor, accusing him of unlawfully intercepting the National Security Adviser’s phone conversation.
The secret police said that El-Rufai’s actions violated the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
In the first count, the DSS claimed that on February 13, 2026, while appearing as a guest on Arise TV’s Prime Time Programme in Abuja, the former governor admitted during the interview that he and others illegally intercepted the NSA’s phone communications, an offense punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
In count two, El-Rufai was accused of claiming during the same television interview that he knew and was associated with someone who illegally collected the NSA’s phone communications without reporting the person to the appropriate security services.
According to the DSS, the claimed offense is punished under Section 27(b) of the Cybercrimes (Prohibition, Prevention, and Other Amendment Act, 2024).
During the live Arise TV interview, El-Rufai claimed that he overheard Ribadu telling security officers to detain him, relating the alleged directive to an attempted arrest at Nnamdi Azikiwe International Airport on February 12 upon his return from Cairo, Egypt.
