FORMER Kaduna State governor, Nasir El-Rufai, has approached the Federal High Court of Nigeria in Abuja seeking an order to quash the criminal charges filed against him by the Department of State Services (DSS), describing the case as unconstitutional, incompetent and a gross abuse of court process.
News Point Nigeria reports that in a motion challenging Charge No. FHC/ABJ/CR/99/2026 dated February 16, 2026, El-Rufai urged the court to strike out the charge in its entirety and discharge him completely.
The matter is scheduled for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
According to court documents, El-Rufai’s legal team listed 17 grounds in support of the application to dismiss the charges.
Among the grounds cited are allegations that the charge discloses no offence known to law, fails to establish a prima facie case, and suffers from fatal duplicity.
He further argued that the prosecution lacks legal competence and was initiated in bad faith.
The former governor also accused the DSS of engaging in political persecution and abusing the criminal justice system to harass, embarrass and publicly victimize him.
In addition to seeking the dismissal of the charges, El-Rufai is asking the court to award N2 billion in costs against the DSS.
He alleged that the agency, through its prosecuting counsel, misused its authority by instituting what he described as a defective and unconstitutional charge.
The motion contends that the prosecution constitutes a gross abuse of court process and should not be allowed to proceed.
El-Rufai further argued that the charges violate several of his fundamental rights guaranteed under the 1999 Constitution (as amended).
Specifically, he cited alleged breaches of his right to the presumption of innocence, protection against self-incrimination, and the constitutional requirement that criminal offences must be clearly defined in written law.
He also referenced his rights to freedom of expression and freedom of association, which he claims have been infringed upon by the prosecution.
Court filings indicate that El-Rufai’s legal team formally notified the Director-General of the DSS of the processes filed in the matter through a letter dated February 18, 2026, and provided details of his legal representatives.
The application challenging the charges was signed by Muyiwa Adekeye, his media adviser, and dated February 24, 2026.
A source told News Point Nigeria that if the court agrees with El-Rufai’s arguments that the charge discloses no known offence or lacks a prima facie case, it could bring the prosecution to an abrupt end.
However, if the court rules otherwise, the matter may proceed to full trial.