Former Kaduna State Governor Nasir El-Rufai has approached the Federal High Court in Abuja seeking to terminate the criminal proceedings initiated against him by the Department of State Services (DSS), describing the charges as legally defective, unconstitutional, and an abuse of court process.
In a motion on notice filed in respect of Charge No. FHC/ABJ/CR/99/2026, El-Rufai is asking the court to quash or strike out the three-count charge dated February 16, 2026, discharge and acquit him, and award N2 billion in damages against the DSS for what he terms “malicious prosecution,” harassment, and reputational damage.
The application, scheduled for hearing on Wednesday, February 25, 2026, before Justice Joyce Abdulmalik, rests on 17 grounds. El-Rufai contends that the offences alleged are not known to law, fail to disclose a prima facie case, duplicate charges, and violate multiple provisions of the 1999 Constitution (as amended).
Key constitutional infractions cited include:
Section 36(5) – presumption of innocence
Section 36(11) – protection against self-incrimination
Section 36(12) – requirement that criminal offences must be clearly defined by written law
Sections 39 and 40 – guarantees of freedom of expression and freedom of association
The former governor argues that the charge sheet is fatally defective, lacks prosecutorial competence, and was instituted in bad faith for political motives aimed at embarrassing and intimidating him ahead of future political engagements.
Court documents seen by journalists indicate that El-Rufai's legal team formally notified the Director-General of the DSS of the application via a letter dated February 18, 2026, and provided details of his counsel.
The underlying DSS charge accuses El-Rufai of unlawfully intercepting and making public a private telephone conversation involving the National Security Adviser, Mallam Nuhu Ribadu. The three counts border on cybercrime, breach of confidentiality, and conduct capable of threatening national security—offences the DSS alleges were committed through the unauthorized recording and dissemination of the call.
El-Rufai has consistently denied wrongdoing, maintaining that any discussion involving public officials on matters of national interest cannot be shielded from scrutiny under the guise of privacy or security. He has described the prosecution as a continuation of what he calls a pattern of vendetta by security agencies under the current administration.
The case has drawn significant attention due to El-Rufai's stature as a two-term governor (2015–2023), a prominent figure in the All Progressives Congress (APC), and a vocal critic of certain federal policies since leaving office. His ministerial nomination in August 2023 was controversially withdrawn amid Senate screening controversies, after which he has remained outspoken on governance, security, and economic issues.
Legal analysts note that the motion raises fundamental questions about the boundaries of prosecutorial discretion, the definition of cyber-related offences under the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, and the use of criminal process in politically charged disputes. If the court agrees that no known offence is disclosed or that the charge constitutes an abuse of process, it could strike out the matter without proceeding to trial.
Should the application fail, the substantive trial on the DSS charges would commence, potentially exposing sensitive details of the intercepted conversation and the circumstances surrounding it.
As of Tuesday afternoon, February 24, 2026, neither the DSS nor the Office of the Attorney-General of the Federation had issued a public response to the filing. The outcome of Wednesday's hearing could set an important precedent on the threshold for initiating high-profile security-related prosecutions against former public officials.
El-Rufai remains on administrative bail granted by the DSS pending the court's determination of his motion.
