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From Godwin Tsa, Abuja
Former Kaduna State governor Nasir El-Rufai has asked the Federal High Court to quash the three-count charge filed against him by the Federal Government, accusing him of unlawfully intercepting the telephone conversation of the National Security Adviser (NSA), Nuhu Ribadu.
In his application before Justice Joyce Abdulmalik, the former Minister of the Federal Capital Territory (FCT), under former President Olusegun Obasanjo, is seeking the quashing or striking out of the charge against him for being incompetent, disclosing no offence known to law, and for constituting a gross abuse of court process.
The former governor filed the suit in response to Charge Number FHC/ABJ/CR/99/2026 instituted against him at the Federal High Court in Abuja, on the basis of which his arraignment has been fixed for February 25, 2026.
The application further contends that the prosecution violates several constitutional provisions that breach El-Rufai’s fundamental rights, including Section 36(5) of the 1999 Constitution, which guarantees the presumption of innocence; Section 36(11), which provides for the right against self-incrimination; Section 36(12), which requires that offences be defined in written law; as well as Sections 39 and 40, which guarantee the rights to freedom of expression and freedom of association, respectively.
El-Rufai’s motion is praying the court for: “An Order quashing and/or striking out Charge No. FHC/ABJ/CR/99/2026 (as contained in the charge dated February 16, 2026) for being incompetent, for disclosing no offence known to law, and for constituting a gross abuse of court process.
An Order discharging the defendant/applicant on the ground that the charge discloses no prima facie case against him.
He is equally seeking an order awarding the sum of N2 billion 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 him.
The suit which cites 17 grounds for seeking the dismissal of the charges, was filed on 17 February 2023.
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His lawyers notified the Director General of the DSS of the processes that they have filed in the matter via a letter dated 18th February. The letter also formally informed the DSS regarding the legal representatives of Malam El-Rufai, and the names and addresses of his team of counsel.
The grounds cited in the motion seeking the dismissal of the charges include: their constitutional invalidity, lack of disclosure of a prima facie case, citing offences not known to law and failure to meet statutory conditions.
Other grounds cited include fatal duplicity and absence of evidence, lack of prosecutorial competence, the impermeable nature of the constitutional right against self-incrimination, bad faith, political persecution and abuse of court process.
The Federal government through the Department of State Services (DSS), had filed a three-count criminal charge against the former governor, accusing him of unlawfully intercepting the telephone conversation of the National Security Adviser, Nuhu Ribadu.
The Federal Government alleged that El-Rufai’s actions contravened provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
In the first count, the DSS alleged that the former governor, on February 13, 2026, while appearing as a guest on Arise TV’s Prime Time Programme in Abuja, admitted during the interview that he and others unlawfully intercepted the phone communications of the NSA, an offence said to be contrary to, and punishable under Section 12(1) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
In count two, El-Rufai was accused of stating during the same television interview that he knew and related to an individual who unlawfully intercepted the NSA’s phone communications without reporting the person to relevant security agencies.
The DSS said the alleged offence is punishable under Section 27(b) of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024.
