By Yusuf Danjuma Yunusa
Former Governor of Kaduna State, Nasir El-Rufai, has filed a motion before the Federal High Court seeking an order quashing criminal charges instituted against him by the Department of State Services (DSS), describing the prosecution as incompetent, unconstitutional and a gross abuse of court process.
The suit, filed in response to Charge Number FHC/ABJ/CR/99/2026, is slated for hearing on 25th February 2026 before Justice Joyce Abdulmalik.
In the motion on notice filed by his legal team, El-Rufai is asking the court to strike out the charge dated 16th February 2026 in its entirety, arguing that it discloses no offence known to law and fails to establish any prima facie case against him.
He is also seeking an order discharging him from the case and awarding the sum of N2,000,000,000 as costs against the DSS.
According to the court documents, the former governor is demanding the N2bn for the abuse and misuse of the court process, and the egregious, reckless, and unconstitutional misuse of the criminal justice system to harass, embarrass, and publicly victimise the Defendant/Applicant.
El-Rufai’s application, which cites 17 grounds for the dismissal of the charges, was filed on 17 February 2026.
His lawyers subsequently notified the Director-General of the DSS of the processes filed in the matter via a letter dated 18th February.
The letter formally informed the DSS of the identities, names and addresses of El-Rufai’s legal representatives handling the case.
Among the principal grounds listed in the motion as constitutional invalidity of the charge, lack of disclosure of any prima facie case, and the citation of offences unknown to Nigerian law.
The motion further argues that the charge fails to meet statutory conditions required for criminal prosecution and suffers from fatal duplicity and absence of credible evidence.
Other grounds include alleged lack of prosecutorial competence on the part of the DSS, violation of the constitutional right against self-incrimination, bad faith, political persecution, and a deliberate abuse of court process aimed at intimidation.
In the supporting documents, El-Rufai’s legal team accused the DSS of breaching several of his fundamental rights as guaranteed under the 1999 Constitution (as amended).
Specifically, the motion references:Section 36(5) — Presumption of innocence
Section 36(11) — Right against self-incrimination. Section 36(12) — Requirement that offences be defined in a written law. Section 39 — Freedom of expression and section 40 — Freedom of association
The defence contends that the charge violates Section 36(12) of the Constitution, which mandates that no person shall be convicted of a criminal offence unless that offence is defined and the penalty prescribed in a written law.
The statement read, “AN ORDER quashing and/or striking out Charge No. FHC/ABJ/CR/99/2026 (as contained in the charge dated 16th February, being incompetent, for disclosing no offence known to law, and for constituting a gross abuse of the process of this Honourable Court.
“AN ORDER discharging the Defendant/Applicant on the ground that the charge discloses no prima facie case against him.
“AN ORDER awarding the sum of N2,000,000,000.00 (Two Billion Naira) only as costs against the Department of State Services (acting through its prosecuting counsel) for the abuse and misuse of the court process, and the egregious, reckless, and unconstitutional misuse of the criminal justice system to harass, embarrass, and publicly victimize the Defendant/Applicant.
“AND FOR SUCH FURTHER ORDER OR OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.”
