Former Nasir El-Rufai has filed a motion in the Federal High Court seeking to quash criminal charges brought against him by the Department of State Services (DSS), describing the case as “incompetent” and a “gross abuse of court process.”
The application relates to Charge No. FHC/ABJ/CR/99/2026, which is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik. In the motion filed by his legal team, El-Rufai is asking the court to strike out the charges dated February 16, 2026, on the grounds that they disclose no offence recognized by law and fail to establish a prima facie case.
Key Demands in the Motion
In addition to dismissing the charges, El-Rufai is seeking N2 billion in costs against the DSS, citing what he described as “abuse and misuse of the court process” and the unconstitutional use of the criminal justice system to harass and embarrass him.
The motion lists 17 grounds for dismissal, including:
- Alleged duplicity in the charges
- Lack of prosecutorial competence and evidence
- Bad faith and political persecution claims
- Constitutional violations of fundamental rights, including:
- Section 36(5) – presumption of innocence
- Section 36(11) – right against self-incrimination
- Section 36(12) – requirement for offences to be clearly defined in law
- Sections 39 & 40 – rights to freedom of expression and association
El-Rufai’s legal team formally notified the DSS Director-General of the application on February 18, ensuring compliance with court protocols.
Background of the Case
The DSS had charged El-Rufai with three counts of cybercrime and breach of national security, alleging that he unlawfully intercepted the telephone communications of the National Security Adviser Nuhu Ribadu. The charges invoke the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
According to the DSS:
- Count 1: On February 13, 2026, during an Arise TV Prime Time interview, El-Rufai allegedly admitted intercepting the NSA’s communications, violating Section 12(1) of the Cybercrimes Act.
- Count 2: He allegedly acknowledged knowing individuals who intercepted the NSA’s calls without reporting them, contravening Section 27(b) of the same Act.
- Count 3: Relates to his alleged failure to report or act upon the interception, also under the Cybercrimes Act provisions.
El-Rufai had claimed on live TV that he overheard the NSA directing security operatives to detain him, linking it to an alleged attempted arrest at Nnamdi Azikiwe International Airport on February 12, 2026, after his return from Cairo, Egypt.
Next Steps
The Federal High Court is expected to hear the motion on February 25, 2026. Observers are closely monitoring the case, which has drawn national attention due to its political sensitivity and implications for constitutional rights and the use of the criminal justice system in high-profile cases.
This development underscores ongoing tensions between political figures and security agencies, highlighting debates over civil liberties, legal procedure, and accountability in Nigeria’s security and judicial systems.
