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Nasir El-Rufai, a former governor of Kaduna State, has petitioned the court to suppress accusations made against him by the Department of State Services, calling the case an egregious abuse of the legal system and inept.
The application was submitted to the Federal High Court in response to Charge No. FHC/ABJ/CR/99/2026, which is still pending. On February 25, 2026, Justice Joyce Abdulmalik is set to hear the matter.
El-Rufai is requesting in the motion that the charge dated February 16, 2026, be quashed or struck out on the grounds that it reveals no offense that is known to law and is a misuse of the legal system.
Additionally, he is requesting that the court release him on the grounds that there is insufficient evidence to support the charges.
The former governor is also suing the DSS for N2 billion in fees, citing what he called the “abuse and misuse of the court process” and the unlawful use of the criminal justice system to harass and humiliate him.
The court documents indicate that the motion, which enumerates 17 reasons for dismissal, contests the accusations’ constitutionality on the basis that they cite crimes that are not known to the law and do not comply with statutory criteria. Other reasons include accusations of political persecution and ill faith, lack of proof, alleged duplicity, and prosecution incompetence.
El-Rufai’s fundamental rights were violated by the prosecution, according to the application. These rights were violated by Section 36(5) of the 1999 Constitution, which guarantees the presumption of innocence; Section 36(11), which protects against self-incrimination; Section 36(12), which mandates that offenses be defined in written law; and Sections 39 and 40, which guarantee the freedom of expression and freedom of association, respectively.
El-Rufai’s legal team claimed that on February 18, it formally communicated the file and the information of his attorney to the Director-General of the DSS.
The DSS has scheduled El-Rufai’s arraignment on February 25 for alleged cybercrime and national security violation, as we previously reported.
The former governor was accused of illegally listening in on National Security Adviser Nuhu Ribadu’s phone call in a three-count criminal complaint brought by the DSS.
The Nigerian Communications Act of 2003 and the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act of 2024 were allegedly broken by El-Rufai, according to the secret police.
According to the first count, the former governor acknowledged in an interview on February 13, 2026, while a guest on Arise TV’s Prime Time Program in Abuja that he and others illegally intercepted the NSA’s phone communications. This is a violation of Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and carries penalties.
In count two, El-Rufai was charged with claiming in the same TV interview that he was acquainted with someone who illegally collected the NSA’s phone conversations without notifying the appropriate security authorities.
According to the DSS, Section 27(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, punishes the accused offense.
When El-Rufai was interviewed live on Arise TV, he claimed to have heard Ribadu ordering security personnel to hold him. He connected the purported order to what he characterized as an attempted arrest at the Nnamdi Azikiwe International Airport on February 12 after returning from Cairo, Egypt.
