Phone Tapping: El-Rufai asks court to dismiss SSS charges

Former Kaduna State Governor Nasir El-Rufai has filed an application seeking to quash a case instituted against him by the State Security Service (SSS).
Mr El-Rufai’s media aide, Muyiwa Adekeye, in a statement on Tuesday, noted that the SSS committed flaws bordering on incompetence, non-disclosure of the offence and gross abuse of court process.
Mr Adekeye said the application was filed in response to a suit with the charge number FHC/ABJ/CR/99/2026, which was earlier instituted against Mr El-Rufai at the Federal High Court in Abuja.
According to the spokesman, the application has been scheduled for a hearing on February 25 before Justice Joyce Abdulmalik of the Abuja Division of the Federal High Court.
“Malam Nasir @elrufai 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 February 25, 2026, before Justice Joyce Abdulmalik,” Mr Adekeye said.
Stating the reliefs sought by Mr El-Rufai, the media adviser said the former governor hoped to secure an order quashing or striking out the SSS charge on the grounds that the case lacked competence, constituted a gross abuse of court process, and involved an undisclosed offence.
He added that Mr El-Rufai has sought an order to effect his discharge on the basis that the SSS charge failed to disclose a prima facie allegation against him.
The former Kaduna State governor ultimately demanded N2 billion in costs against the SSS, acting through its prosecuting counsel, for abusing the court process and the justice system in a bid to publicly disgrace him.
Mr Adekeye said the filed application containing seventeen grounds, as well as the necessary details of the counsel to the applicant, had been formally communicated to the director-general of the SSS.
He stated, “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 SSS is to arraign Mr El-Rufai for cybercrime and breach of national security on Wednesday.
The service, on February 16, filed a three-count criminal charge against Mr El-Rufai following his alleged involvement in wiretapping the telephone lines of the National Security Adviser, Nuhu Ribadu.
The service accused Mr El-Rufai of breaching the Cybercrimes Prohibition Act (2024) and the Nigerian Communications Act (2003).
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