Malam Nasir El-Rufai has filed an application to quash the charges the DSS filed against him for being incompetent, for disclosing no offence known to law, and for constituting a gross abuse of court process. The court filing was made in response to Charge Number FHC/ABJ/CR/99/2026 instituted against Malam El-Rufai at the Federal High Court. The matter is scheduled for 25th February 2026, before Justice Joyce Abdulmalik.
El-Rufai’s motion on notice is praying the court for the following reliefs:
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 N2,000,000,000.00 (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.
El-Rufai’s motion, 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 and political persecution and abuse of court process.
The court papers argued that the prosecution has engaged in constitutional violations, breaching El-Rufai’s fundamental rights, including:
* (ii) (iii) (iv) (v) Section 36(5): Presumption of innocence
* Section 36(1 1): Right against self-incrimination
* Section 36(12): Requirement that offences be defined in written law
* Section 39: Freedom of expression
* Section 40: Freedom of association
