El-Rufai Moves to Quash DSS Charge, Seeks N2bn in Damages

El-Rufai Moves to Quash DSS Charge, Seeks N2bn in Damages

Former Kaduna State Governor, Nasir el-Rufai, has filed an application at the Federal High Court in Abuja seeking to quash the three-count charge filed against him by the Department of State Services (DSS).

He is also demanding N2 billion in damages for what he describes as an abuse of court process.

The criminal charge, marked FHC/ABJ/CR/99/2026, relates to alleged unlawful interception of communications following comments el-Rufai made during a television interview.

In a motion on notice dated February 17, 2026, el-Rufai contended that the charge “discloses no offence known to law and no prima facie case,” and therefore should be struck out and he discharged.

“The prosecution has criminalised the act of making statements on a television programme; an act not defined as an offence in any written law,” the former governor said, arguing that count one, which accuses him of “admitting” to an interception, fails to constitute a legal offence.

El-Rufai also challenged the evidential basis of the charge, noting that the prosecution has presented no forensic evidence, call data records, technical equipment, or expert testimony to substantiate any act of interception.

“The defendant/applicant cannot be tried on the basis of his words alone,” the motion reads.

He described the particulars of the charge as “vague” and “ambiguous,” highlighting that the prosecution did not state the specific date, time, phone number, duration, method, or device allegedly used.

“The prosecution has not investigated any crime or gathered any evidence; they have simply watched television and filed charges,” he added.

The former governor further questioned the competence of the DSS to bring the charge, citing the National Security Agencies Act, which recognises the State Security Service (SSS) rather than the “Department of State Services,” and does not confer prosecutorial powers on the agency.

El-Rufai’s motion also asserted that the charge violates his constitutional rights to presumption of innocence, freedom of expression, and protection against self-incrimination.

He asked the court to quash the charge, discharge him, and award N2 billion in damages against the DSS.

His arraignment on the charge is scheduled to take place on Wednesday before Justice Joyce Abdulmalik of the Federal High Court.