Nasir El-Rufai Asks Court To Quash DSS Charges, Demands N2bn Damages For “Egregious, Reckless And Unconstitutional Misuse” Of Criminal Justice System

Abuja, Nigeria – Former Governor of Kaduna State, Malam Nasir El-Rufai, has approached the Federal High Court in Abuja seeking the dismissal and quashing of charges filed against him by the Department of State Services (DSS), describing the case as incompetent, unconstitutional, and a gross abuse of court process.

The legal action follows Charge Number FHC/ABJ/CR/99/2026 instituted against him before the Federal High Court. The matter is scheduled to come up on February 25, 2026, before Justice Joyce Abdulmalik.

In a motion on notice filed before the court, El-Rufai is praying for an order quashing and/or striking out Charge No. FHC/ABJ/CR/99/2026, as contained in the charge dated February 16, 2026.

He argued that the charge is incompetent, discloses no offence known to law, and constitutes a gross abuse of the court process.

He is also seeking an order discharging him on the ground that the charge discloses no prima facie case against him.

The former governor is demanding the sum of N2,000,000,000.00 (Two Billion Naira) as costs against the Department of State Services, acting through its prosecuting counsel, for what he described as “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” him.

El-Rufai’s motion, which reportedly cites 17 grounds for seeking the dismissal of the charges, was filed on February 17, 2023. His legal team subsequently notified the Director-General of the DSS of the processes filed in the matter through a letter dated February 18.

The letter also formally informed the DSS of the legal representatives of the former governor, including the names and addresses of his team of counsel.

Among the grounds cited in the motion are allegations of constitutional invalidity, failure to disclose a prima facie case, reference to offences not known to law, and failure to meet statutory conditions precedent for criminal prosecution.

Other grounds include alleged fatal duplicity in the charge, absence of credible evidence, lack of prosecutorial competence, violation of the constitutional right against self-incrimination, bad faith, political persecution, and abuse of court process.

In the court papers, El-Rufai’s legal team argued that the prosecution engaged in multiple constitutional violations, breaching his fundamental rights as guaranteed under the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Specifically, the motion referenced alleged violations of: “Section 36(5): Presumption of innocence. Section 36(11): Right against self-incrimination. Section 36(12): Requirement that offences be defined in written law, Section 39: Freedom of expression and  Section 40: Freedom of association.

According to the filing, the charges brought by the DSS fail to meet constitutional thresholds and amount to a deliberate attempt to weaponize the criminal justice system for political ends.

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.