Nasir el-Rufai, former Kaduna state governor, has asked the federal high court in Abuja to quash the criminal charge filed against him by the Department of State Services (DSS).
The former governor is asking the court to strike out the three-count charge marked FHC/ABJ/CR/99/2026 and discharge him on the ground that it discloses no offence known to law and no prima facie case.
In a motion on notice dated February 17, 2026, el-Rufai also asked the court to award N2 billion against the DSS as costs for what he described as an abuse and misuse of court process.
The DSS had filed a three-count charge against him over alleged unlawful interception of communications, following comments he made during a television interview.
But in his application, el-Rufai argued that the entire charge is unconstitutional, null and void as it violates section 36(12) of the 1999 constitution, which provides that a person shall not be convicted of a criminal offence unless that offence is defined and the penalty prescribed in a written law.
“The prosecution has criminalised the act of making statements on a television programme — an act not defined as an offence in any written law,” he said.
The former governor contended that count one, which accuses him of “admitting” to an interception, discloses no offence known to law.
According to him, section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024 criminalises the act of interception, not the act of admitting to it.
El-Rufai further argued that the charge fails to disclose a prima facie case, as the prosecution has presented no forensic evidence, call data records, technical equipment or expert testimony to establish any act of interception.
“The defendant/applicant cannot be tried on the basis of his words alone,” the application reads.
He also faulted the particulars of the charge, describing them as “vague” and “ambiguous”, noting 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 said.
El-Rufai additionally challenged the competence of the DSS to institute the charge, arguing that the National Security Agencies Act recognises the State Security Service (SSS), not the “Department of State Services”, and does not vest prosecutorial powers in the agency.
He noted that the charge violates his constitutional rights to presumption of innocence, freedom of expression and protection against self-incrimination.
The former governor urged the court to quash the charge, discharge him, and award N2 billion in damages against the DSS.
His arraignment on the said charge is scheduled to take place on Wednesday before Joyce Abdulmalik, judge of the federal high court.
