Former Kaduna State Governor, Malam Nasir El-Rufai, has filed a formal application at the Federal High Court in Abuja seeking the dismissal of charges brought against him by the Department of State Services (DSS).
The charges, filed under Charge Number FHC/ABJ/CR/99/2026, are alleged by El-Rufai’s legal team to be incompetent, lacking in legal substance, and constitute a gross abuse of the judicial process.
The matter is scheduled to be heard on February 25, 2026, before Justice Joyce Abdulmalik.
In his motion, El-Rufai prays the court to quash the DSS charges entirely, citing constitutional violations and the absence of a prima facie case.
His legal team also requests that the former governor be discharged and seeks an award of N2 billion as costs against the DSS for what they describe as reckless and unconstitutional exploitation of the criminal justice system.
El-Rufai’s media adviser, Muyiwa Adekeye, in a statement on Tuesday, explained that the motion on notice contends the DSS charges are defective and fail to disclose any offence recognized by law.
According to the statement, the motion highlights how the charges have been used to publicly harass and embarrass El-Rufai, creating the impression of politically motivated persecution.
The motion, filed on February 17, 2026, cites 17 grounds for dismissal.
Among these are the constitutional invalidity of the charges, lack of prosecutorial competence, failure to comply with statutory requirements, and “fatal duplicity” in the DSS filing.
The legal team also emphasizes El-Rufai’s constitutional protection against self-incrimination and the fundamental rights guaranteed under the Nigerian Constitution, arguing that the charges amount to political victimization.
Following the filing, El-Rufai’s lawyers formally notified the DSS through a letter dated February 18, 2026, providing details of the legal representatives handling the matter, including names and addresses.
The notification served as an official introduction of the defense team and an assertion of their intent to vigorously defend the former governor’s rights.
In its arguments, the motion stresses that the prosecution has violated multiple constitutional provisions, including:
Section 36(5): Presumption of innocence
Section 36(11): Right against self-incrimination
Section 36(12): Requirement that offences be defined by law
Section 39: Freedom of expression
Section 40: Freedom of association
The court papers argue that these breaches are compounded by the DSS’s apparent disregard for legal procedure, amounting to a misuse of the criminal justice system to intimidate a political figure.
El-Rufai’s team further contends that the charges represent an abuse of court process and are therefore subject to immediate dismissal by the Federal High Court.
The former governor’s legal filing underscores the principle that no citizen should be subjected to criminal charges without clear legal foundation.
By seeking the charges dismissal, the motion aims to reinforce the importance of constitutional safeguards, ensure adherence to due process, and prevent the judiciary from being used as a tool for political persecution.
Adekeye emphasized that the motion not only seeks dismissal but also compensation for the distress and reputational damage caused by the DSS charges.
The requested N2 billion award is intended to hold the DSS accountable for what the legal team describes as “egregious misuse of legal procedures and reckless harassment of the Defendant/Applicant.”
Observers note that the El-Rufai charges dismissal motion is likely to attract significant public attention, given the profile of the former governor and the potential implications for the balance between state security operations and individual fundamental rights.
Legal analysts highlight that the case could set an important precedent in defining the limits of prosecutorial powers and the protection of citizens against politically motivated litigation.
As the Federal High Court prepares to hear the motion, the spotlight is on the DSS and its handling of the charges.
The outcome of the proceedings will determine not only El-Rufai’s immediate legal status but also broader questions regarding the proper use of investigative and prosecutorial authority in politically sensitive cases.
By seeking th charges dismissal, the former governor’s legal team is asserting that constitutional protections are paramount, even in cases involving allegations of misconduct.
The case exemplifies the tension between state investigative agencies and the judiciary’s role in safeguarding fundamental rights, with implications that may extend beyond this single prosecution.
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