Operatives of the Department of State Services (DSS) and former Kaduna State governor Nasir El-Rufai
BREAKING: El-Rufai Asks Court to Quash DSS Charges, Demands ₦2bn Damages
Former Kaduna State Governor, Nasir El-Rufai, has filed a motion before the Federal High Court seeking to quash criminal charges instituted against him by the Department of State Services (DSS), describing the case as incompetent, politically motivated, and a gross abuse of court process.
The application challenges Charge No. FHC/ABJ/CR/99/2026, which is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
In the motion dated February 18, El-Rufai is asking the court to strike out or dismiss the charge, arguing that it discloses no offence known to law and fails to establish a prima facie case. He is also seeking an order discharging him entirely from the suit.
Beyond the request for dismissal, the former governor is demanding ₦2 billion in compensation against the DSS, alleging the unconstitutional use of criminal proceedings to harass, intimidate, and embarrass him.
According to court documents, the motion is anchored on 17 grounds, including claims that the charge cites offences not recognised under Nigerian law, lacks evidentiary backing, suffers from duplicity, and was filed without proper prosecutorial competence. El-Rufai also alleged bad faith, selective prosecution, and political persecution.
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The application further argues that the prosecution violates several provisions of the 1999 Constitution, including Section 36(5) on the presumption of innocence, Section 36(11) on the right against self-incrimination, and Section 36(12), which requires that criminal offences must be clearly defined in written law. He also cited alleged breaches of Sections 39 and 40, which guarantee freedom of expression and freedom of association.
El-Rufai’s legal team confirmed that the Director-General of the DSS was formally notified of the application through a letter dated February 18, detailing the filing and listing his legal representatives.
The DSS had earlier fixed February 25 to arraign El-Rufai over alleged cybercrime and national security breaches. The agency filed a three-count charge, accusing the former governor of unlawfully intercepting the telephone communications of the National Security Adviser, Nuhu Ribadu.
According to the DSS, the alleged acts contravene provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, as well as the Nigerian Communications Act, 2003.
One of the counts relates to statements allegedly made by El-Rufai during a live interview on Arise TV, where he claimed to have overheard directives concerning his detention. He linked the claim to what he described as an attempted arrest at the Nnamdi Azikiwe International Airport following his return from Cairo, Egypt.
As of the time of filing this report, the DSS has not issued a public response to the motion. Legal observers say the case raises critical questions about national security prosecutions, cybercrime laws, and the balance between state power and fundamental rights in Nigeria.
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