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El-Rufai challenges DSS criminal charges, seeks court order to quash case.
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Former Kaduna governor demands ₦2bn compensation for alleged abuse of process.
DSS accuses El-Rufai of intercepting NSA communications under Cybercrime law
Former Kaduna State Governor Nasir El-Rufai has asked the Federal High Court in Abuja to dismiss the criminal charges filed against him by the Department of State Services (DSS).
He described the case as unconstitutional and an abuse of court process.
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The application was filed in response to Charge No. FHC/ABJ/CR/99/2026, which is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
In his motion, El-Rufai requested the court to quash or strike out the charges, arguing that they do not disclose any offence recognised by law and fail to establish a prima facie case against him.
He also asked the court to award ₦2 billion in costs against the DSS, alleging misuse of the criminal justice system to harass and embarrass him.
Court documents indicate that the application contains 17 grounds for dismissal, including lack of evidence, prosecutorial incompetence, duplicity of charges, and alleged political persecution.
El-Rufai further argued that the prosecution violates several constitutional provisions, including the presumption of innocence, protection against self-incrimination, and freedom of expression and association.
The DSS had filed a three-count charge accusing the former governor of unlawfully intercepting the telephone conversations of the National Security Adviser, Nuhu Ribadu.
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The agency alleged that the offences contravened the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024 and the Nigerian Communications Act, 2003.
According to the DSS, El-Rufai admitted during a television interview that he and others intercepted the NSA’s communications and also failed to report the alleged act to security authorities.
El-Rufai had claimed in the interview that he overheard Ribadu directing security operatives to detain him, linking the alleged directive to an attempted arrest at the Nnamdi Azikiwe International Airport after returning from Cairo.
The case is expected to come up for hearing on February 25.
