El-Rufai Asks Court to Dismiss DSS Charge, Demands N2bn in Damages

Nasir el-Rufai has filed an application before the Federal High Court in Abuja seeking the dismissal of a criminal charge brought against him by the Department of State Services (DSS).

In a motion dated February 17, 2026, the former Kaduna governor asked the court to strike out the three-count charge marked FHC/ABJ/CR/99/2026 and discharge him, arguing that the case discloses no offence recognised under Nigerian law and lacks a prima facie basis. He also requested N2 billion in damages, alleging abuse of court process by the security agency.

The DSS had filed the charge over alleged unlawful interception of communications, linked to comments the former governor made during a television interview.

In his application, el-Rufai argued that the charge violates Section 36(12) of the 1999 Constitution, which stipulates that no person can be convicted of a criminal offence unless the offence and its penalty are defined in a written law.

He maintained that making statements during a television programme does not constitute a criminal offence under any existing statute. Specifically addressing count one, which accuses him of admitting to an interception, he argued that Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024 criminalises the act of interception itself — not an admission of such an act.

The former governor further contended that the prosecution has not established a prima facie case, stating that no forensic analysis, call data records, technical devices, or expert evidence were presented to substantiate the allegation.

He described the particulars of the charge as vague, noting the absence of details such as the date, time, phone numbers involved, duration, method, or device allegedly used in the purported interception.

El-Rufai also challenged the legal standing of the DSS to initiate the prosecution. He argued that the National Security Agencies Act recognises the State Security Service (SSS), not the “Department of State Services,” and does not confer prosecutorial authority on the agency.

Additionally, he said the charge infringes on his constitutional rights, including the presumption of innocence, freedom of expression, and protection against self-incrimination.

The matter is scheduled for arraignment on Wednesday before Justice Joyce Abdulmalik of the Federal High Court in Abuja.