From Victor Osula, Abuja
Ex -Kaduna State Governor, Nasir El-Rufai, has approached the Federal High Court in Abuja to seek an order to quash the criminal charges filed against him by the Department of State Services (DSS), describing the case as incompetent, unsupported by any known law, and a gross abuse of court process.
El-Rufai is set to face a Federal High Court in Abuja on February 25, over alleged cybercrime offences, as the Federal Government accuses him of unlawfully intercepting the telephone communications of the National Security Adviser, Nuhu Ribadu, in a move, said to threaten national security.
A three-count charge filed by the DSS and assigned to Justice Joyce Abdulmalik, alleged that the former governor collaborated with other individuals currently at large to intercept the NSA’s calls, in violation of the Cybercrimes (Prohibition, Prevention, etc.) (Amendment) Act, 2024, and the Nigerian Communications Act, 2003.
He is accused of one count of admitting involvement in the alleged interception during a February 3 appearance on Prime Time, a programme aired on Arise Television. This alleged act violates Section 12(1) of the Cybercrimes Act.
In a second count, the prosecution alleged that El-Rufai, described as a leading figure among opposition politicians critical of President Bola Tinubu’s administration, had knowledge of the unlawful interception, but failed to report it to the relevant authorities. The third count accused him of using technical equipment to intercept the NSA’s calls in a manner that endangered public safety and created “reasonable apprehension” among Nigerians, contrary to Section 131(2) of the Nigerian Communications Act, 2003.
Nasir El-Rufai remains in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) following his transfer on February 18. The former governor was taken into ICPC custody immediately after his release from the Economic and Financial Crimes Commission (EFCC), where he had been detained for two nights for questioning.
In an application filed in response to Charge No. FHC/ABJ/CR/99/2026, El-Rufai urged the court to strike out the suit instituted against him, arguing that the allegations fail to disclose any offence recognised under Nigerian law.
The motion on notice, dated February 17, 2026, prayed the court to grant several reliefs, including an order quashing or striking out the charge dated February 16, 2026, on grounds of incompetence and lack of legal foundation.
El-Rufai also asked the court to discharge him entirely, maintaining that the charge discloses no prima facie case capable of sustaining criminal proceedings.
In addition, the former governor is seeking ₦2 billion in costs against the DSS, alleging abuse and misuse of judicial processes as well as what he described as an unconstitutional deployment of the criminal justice system to harass, embarrass, and publicly victimise him.
According to the court filings, the application relies on 17 grounds challenging the legality of the prosecution. His legal team argued that the charges are constitutionally invalid, disclose no offence known to law, and fail to meet statutory preconditions required for criminal prosecution.
The motion further contended that the case suffers from fatal duplicity, absence of evidence, and lack of prosecutorial competence, while also alleging bad faith, political persecution, and abuse of court process.
El-Rufai’s lawyers maintained that the prosecution relied solely on statements allegedly made during a television interview, without forensic evidence, technical data, or investigative findings to substantiate the allegations.
The defence also argued that the charges violate several of the applicant’s constitutional rights, including the presumption of innocence under Section 36(5) of the 1999 Constitution (as amended), the right against self-incrimination under Section 36(11), and the requirement under Section 36(12) that criminal offences must be defined in written law.
Other alleged violations cited include the rights to freedom of expression and freedom of association guaranteed under Sections 39 and 40 of the Constitution.
The legal team stated that the Director-General of the DSS was formally notified of the application through a letter dated February 18, 2026, which also communicated the identities and addresses of El-Rufai’s counsel representing him in the matter.
The application was signed by a team of lawyers led by Oluwole Iyamu, SAN, alongside several other counsel acting on behalf of the former governor.
In a statement accompanying the filing, El-Rufai’s Media Adviser, Muyiwa Adekeye, said the court action was necessary to challenge what he described as unlawful and politically motivated charges.
The DSS has yet to publicly respond to the application as of the time of filing this report.
