El-Rufai Files Motion to Strike out DSS Case, Demands N2 Billion Compensation

Former Kaduna State Governor, Nasir El-Rufai, has approached the Federal High Court in Abuja to stop the criminal case filed against him by the Department of State Services (DSS).
He is asking the court to dismiss the charges and award him N2 billion in compensation.
The application is in respect of Charge No. FHC/ABJ/CR/99/2026, which is pending before the Federal High Court.
The matter is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
In his motion, El-Rufai urged the court to quash or strike out the charge dated February 16, 2026.
He argued that the charge discloses no offence known to law and amounts to an abuse of court process.
He also asked the court to discharge him on the grounds that no prima facie case was established against him.
The former governor further demanded N2 billion in costs against the DSS.
He accused the agency of what he described as the “abuse and misuse of the court process” and the unconstitutional use of criminal proceedings to harass and embarrass him.
Court documents showed that the application was based on 17 grounds.
These included claims that the charges were legally defective and unconstitutional.
El-Rufai argued that the offences listed were not known to law and failed to meet statutory requirements.
Other objections raised in the motion included lack of evidence, duplication of charges, absence of prosecutorial competence, and alleged bad faith.
He also claimed that the case was politically motivated and targeted at damaging his reputation.
The application further stated that the prosecution violated several provisions of the 1999 Constitution.
These include Section 36(5) on presumption of innocence, Section 36(11) on protection against self-incrimination, and Section 36(12) which requires that offences must be clearly defined by law.
He also cited Sections 39 and 40, which guarantee freedom of expression and freedom of association.
El-Rufai’s legal team disclosed that the Director-General of the DSS had been formally notified of the application through a letter dated February 18.
The letter also communicated the details of his legal representatives.
The DSS had filed a three-count charge against the former governor over alleged cybercrime and threats to national security.
The agency accused him of unlawfully intercepting the telephone conversation of the National Security Adviser, Nuhu Ribadu.



