Former Kaduna State Governor Nasir El-Rufai has filed a motion in the Federal High Court in Abuja seeking to dismiss criminal charges instituted against him by the Department of State Services (DSS). In the same application, he is demanding ₦2 billion in compensation from the DSS, describing the prosecution as politically motivated harassment and a blatant abuse of the judicial process.
The charges, filed under Charge No. FHC/ABJ/CR/99/2026 and dated February 16, 2026, comprise three counts accusing El-Rufai of cybercrime and breaching national security. They arise from statements he made during an Arise TV interview broadcast on February 13, 2026.
Prosecutors allege that El-Rufai unlawfully intercepted or overheard telephone communications of the National Security Adviser Nuhu Ribadu, in contravention of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024 and the Nigerian Communications Act, 2003.
The counts specifically cite his on-air admission of intercepting the NSA’s communications and his claim of knowing someone who did the same without reporting it to the authorities.
This followed El-Rufai’s earlier statement that, on February 12, 2026, he overheard Ribadu instructing security operatives to detain him upon arrival at Nnamdi Azikiwe International Airport from Cairo, Egypt.In his motion, El-Rufai is asking the court to quash or strike out the entire charge. His legal team advances 17 grounds, arguing that:
The charge discloses no recognisable offence known to Nigerian law.
It fails to establish a prima facie case.
It is duplicitous and unsupported by evidence.
It constitutes a gross abuse of court process.
They further contend that the prosecution infringes several fundamental rights guaranteed by the 1999 Constitution (as amended), including:Section 36(5) – Presumption of innocence
Section 36(11) – Protection against self-incrimination
Section 36(12) – Requirement that offences be defined in written law
Section 39 – Freedom of expression
Section 40 – Freedom of association
El-Rufai characterises the case as bad-faith prosecution driven by political persecution, designed to harass and embarrass him through misuse of the criminal justice system. He is seeking complete discharge from the proceedings and an award of ₦2 billion in costs against the DSS for what he describes as the unconstitutional and abusive conduct of the matter.
The motion was formally communicated to the Director-General of the DSS via a letter dated February 18, 2026. The matter is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik at the Federal High Court in Abuja.
No immediate response from the DSS has been reported in connection with this latest filing. The development continues to draw attention amid separate ongoing investigations involving El-Rufai by agencies such as the EFCC and ICPC.
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