Former Kaduna State Governor, Nasir El-Rufai, has filed an application to strike out the charges the Department of State Services, DSS, filed against him for being incompetent, disclosing no offence known to law, and for constituting a gross abuse of court process.
El-Rufai’s Media Adviser, Muyiwa Adekeye, disclosed this in a statement on Tuesday.
He noted that the former Governor had filed the suit in response to Charge Number FHC/ABJ/CR/99/2026 instituted against him at the Federal High Court in Abuja.
DAILY POST reports that the matter is scheduled for 25th February 2026, before Justice Joyce Abdulmalik.
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 16th February 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.
“An Order awarding the sum of two billion naira only 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 the Defendant/Applicant.”
The suit which cites 17 grounds for seeking the dismissal of the charges, was filed on 17 February 2023.
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 address of his team of counsels.
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.
El-Rufai vs DSS: Throw out charges filed against me – Former Kaduna Gov tells court
