Former Kaduna State Governor, Nasir El-Rufai, has approached the Federal High Court in Abuja seeking an order to quash criminal charges filed against him by the Department of State Services (DSS), describing the case as incompetent and an abuse of court process.
Media Adviser to El-Rufai, Muyiwa Adekeye said the application challenges Charge No. FHC/ABJ/CR/99/2026, instituted against him at the Federal High Court. The matter is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
In a motion on notice filed in response to the charge dated February 16, 2026, El-Rufai is asking the court to quash and/or strike out the case on the grounds that it discloses no offence known to law and fails to establish a prima facie case against him.
He is also seeking an order discharging him from the proceedings and awarding N2 billion in costs against the DSS, alleging misuse of the criminal justice system and abuse of court process.
The motion, reportedly supported by 17 grounds, argues that the charge is constitutionally invalid and fails to meet statutory requirements. Among other objections, the application cites lack of prosecutorial competence, absence of credible evidence, alleged duplicity in the charge, and what it describes as bad faith and political persecution.
Court documents further contend that the prosecution violated El-Rufai’s fundamental rights as guaranteed under the 1999 Constitution, including the presumption of innocence under Section 36(5), the right against self-incrimination under Section 36(11), the requirement that offences be defined in written law under Section 36(12), as well as the rights to freedom of expression and association under Sections 39 and 40 respectively.
El-Rufai’s legal team formally notified the Director-General of the DSS of the court processes through a letter dated February 18, 2026, which also identified his counsel of record.
