Former Kaduna State governor, Nasir El-Rufai, has filed an application before the Federal High Court in Abuja, asking the court to nullify the criminal charge brought against him by the Department of State Services (DSS).
El-Rufai is challenging Charge No. FHC/ABJ/CR/99/2026, dated February 16, 2026, describing it as legally defective, unconstitutional and a misuse of judicial process. The case has been fixed for hearing on February 25, 2026, before Justice Joyce Abdulmalik.
In his motion, the former governor urged the court to strike out the charge on the grounds that it discloses no offence recognised by law and fails to establish a prima facie case against him. He further argued that the prosecution amounts to a gross abuse of court process and therefore sought an order discharging him entirely.
El-Rufai is also asking the court to award N2 billion in costs against the DSS, accusing the agency and its prosecuting counsel of weaponising the criminal justice system to harass and embarrass him publicly.
According to court documents, the application is supported by 17 grounds, including allegations that the charge is constitutionally invalid, cites offences unknown to Nigerian law and suffers from duplicity and lack of prosecutorial competence. He also claimed there is no credible evidence to sustain the allegations and described the case as politically motivated and filed in bad faith.
The former governor maintained that the prosecution infringes on his fundamental rights under the 1999 Constitution (as amended), particularly the presumption of innocence, protection against self-incrimination and the principle that offences must be clearly defined in written law. He also cited alleged violations of his rights to freedom of expression and association.
Court filings show that his legal representatives formally notified the Director General of the DSS of the processes filed through a letter dated February 18, while providing details of counsel handling the matter.
The application was signed and dated by Muyiwa Adekeye, media adviser to El-Rufai. The court is expected to rule on the preliminary objections when the matter comes up for hearing.
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