By Austine Emmanuel

Former Governor of Kaduna State, Nasir El-Rufai, has approached the Federal High Court in Abuja seeking an order to quash charges filed against him by the Department of State Services, describing the suit as incompetent and an abuse of court process.

The application challenges Charge No. FHC/ABJ/CR/99/2026 instituted against him at the Federal High Court. 

The matter is scheduled for hearing on February 25, 2026 before Justice Joyce Abdulmalik.
In a motion on notice, signed by his Media Adviser, Muyiwa Adekeye on Tuesday, El-Rufai asked the court to quash and or strike out the charge dated February 16, 2026 on the grounds that it discloses no offence known to law and constitutes a gross abuse of the judicial process. 

El-Rufai is also seeking an order discharging him on the basis that the charge establishes no prima facie case.
Additionally, the former governor is requesting the sum of N2 billion as costs against the DSS, alleging what he described as misuse of the criminal justice system to harass, embarrass and publicly victimize him.

The motion, which reportedly cites 17 grounds for dismissal, argues that the charge is constitutionally invalid, fails to disclose any recognizable offence and does not meet statutory requirements. It further raises issues of duplicity, absence of evidence and lack of prosecutorial competence.

According to the court filings, the defence contends that the prosecution violates several constitutional safeguards, including the presumption of innocence under Section 36(5), the right against self-incrimination, the requirement that offences must be defined in written law, as well as the rights to freedom of expression and association.

El-Rufai’s legal team formally notified the Director General of the DSS of the application through a letter dated February 18, 2026, providing details of his counsel and their addresses for service.

The development marks a fresh legal battle between the former governor and the security agency, with proceedings expected to commence at the Federal High Court on the scheduled date.