Former Kaduna State Governor, Nasir El-Rufai, has filed an application at the Federal High Court seeking to dismiss the three-count criminal charge filed against him by the Federal Government. The charge, brought through the Department of State Services (DSS), alleges that El-Rufai unlawfully intercepted telephone communications of the National Security Adviser, Nuhu Ribadu.

In his application before Justice Joyce Abdulmalik, El-Rufai contends that the charges are incompetent, disclose no known offence, and constitute an abuse of court process. His motion also cites violations of several constitutional provisions, including Section 36(5) on the presumption of innocence, Section 36(11) on protection against self-incrimination, Section 36(12) on defined offences in law, and Sections 39 and 40 on freedom of expression and association.

The former FCT Minister is seeking the quashing of Charge No. FHC/ABJ/CR/99/2026, scheduled for his arraignment on February 25, 2026, as well as an order for N2 billion in costs against the DSS for what his legal team describes as reckless and unconstitutional use of the criminal justice system to harass and publicly victimize him.

The charges filed by the DSS allege that El-Rufai, on February 13, 2026, during an appearance on Arise TV’s Prime Time Programme, admitted to unlawfully intercepting NSA phone communications. Additional counts accuse him of failing to report knowledge of another individual’s unlawful interception activities, in alleged contravention of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.

El-Rufai’s legal team submitted the suit on February 17, 2026, citing 17 grounds for dismissal, including constitutional invalidity, absence of prima facie evidence, duplicity, lack of prosecutorial competence, political persecution, and bad faith. The DSS has been formally notified of the legal representatives handling the matter.