A former Kaduna State governor, Nasir El-Rufai, has asked the Federal High Court sitting in Abuja to dismiss criminal charges filed against him by the Department of State Services (DSS), describing the case as unconstitutional, speculative and a gross abuse of court process.
El-Rufai, in a motion on notice dated February 17, 2026, urged the court to quash Charge No. FHC/ABJ/CR/99/2026 filed by the Federal Republic of Nigeria, acting through the DSS.
He also asked the court to award N2 billion in costs against the security agency for what he termed “egregious, reckless and unconstitutional misuse of the criminal justice system.”
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The former governor is standing trial over alleged offences linked to comments he made during a live television interview on Arise TV on February 13, 2026, concerning claims that the National Security Adviser was being monitored.
No offence known to law
In the application, El-Rufai argued that the charge violates Section 36(12) of the 1999 Constitution, which requires that an offence must be clearly defined in written law before a person can be prosecuted.
“The prosecution has criminalised the act of making statements on a television programme—an act not defined as an offence in any written law,” the motion stated.
He further argued that Count One of the charge, which alleges that he “admitted” to an interception, is unknown to Nigerian law.
“The Cybercrimes Act criminalises the act of interception, not the act of admitting to it. Unless the law creates an offence of ‘public confession to a crime,’ which it does not, the charge is a nullity,” his lawyers argued.
No evidence, no investigation
El-Rufai also faulted the prosecution for allegedly failing to disclose a prima facie case against him, insisting that the charge was based solely on his words during a television interview.
“The prosecution has presented no forensic evidence, no call data records, no technical equipment, and no expert testimony to establish any act of interception,” the application read.
According to the motion, “the defendant cannot be tried on the basis of his words alone.”
Challenge to DSS authority
A major plank of El-Rufai’s argument is that the DSS lacks the legal authority to prosecute the offences alleged.
“There is no entity known to law as the ‘Department of State Services,’” the application stated, adding that the National Security Agencies Act only recognises the State Security Service (SSS) and does not vest it with prosecutorial powers.
“The wrong prosecutorial authority has arrogated to itself powers it does not have, rendering the entire charge a nullity and an abuse of process,” the lawyers argued.
Free speech and self-incrimination
El-Rufai also contended that his statements on Arise TV do not amount to a confession in law, as they were made voluntarily during a live interview and not under caution.
“A casual remark made on a television programme cannot be elevated to a judicial confession,” the motion stated.
He further argued that the charge violates his constitutional rights to freedom of expression, presumption of innocence and protection against self-incrimination.
“The prosecution seeks to use the defendant’s own words spoken freely on television without caution or warning as the sole basis for a criminal prosecution,” the application said.
Allegation of political persecution
In one of its strongest claims, El-Rufai alleged that the prosecution was politically motivated and aimed at silencing dissent.
“The prosecution is not a genuine law enforcement action but a political persecution designed to muzzle a private citizen, intimidate a former public official and weaponise the criminal justice system for partisan purposes,” the application alleged.
He argued that the defective charge was filed without investigation and constituted an abuse of court process, warranting substantial costs against the DSS.
The matter is scheduled to be heard on February 18, 2026.
Efforts to obtain a response from the DSS were unsuccessful as of press time.
