By Nchetachi Chukwuajah
Former governor of Kaduna State, Nasir El-Rufai, has filed an application asking the court to strike out the charges instituted against him by the Department of State Services (DSS) and demands N2 billion in costs.
In the application filed in response to Charge No. FHC/ABJ/CR/99/2026, which is pending before the Federal High Court, El-Rufai described the case against him as incompetent and a gross abuse of court process.
The matter, which listed 17 grounds for dismissal, is scheduled for hearing on February 25 before Justice Joyce Abdulmalik.
In the motion, El-Rufai is seeking an order quashing the charge dated February 16 on the grounds that it discloses no offence known to law and constitutes an abuse of the judicial process.
The former governor is also asking the court to discharge him on the basis that the charge fails to establish a prima facie case.
He is, in addition, seeking N2 billion in costs against the DSS for alleged “abuse and misuse of the court process” and the unconstitutional use of the criminal justice system to harass and embarrass him.
The court documents showed that the motion is challenging the constitutional validity of the charges, arguing that they cite offences not known to law and fail to meet statutory requirements.
Other grounds for the dismissal of the charges include alleged duplicity, absence of evidence, lack of prosecutorial competence, and claims of bad faith and political persecution.
In the application, El-Rufai further contends that the prosecution violates several constitutional provisions that breached his 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, which guarantee the rights to freedom of expression and Section 40, which guarantees freedom of association.
The former governor’s legal team said it notified the Director-General of the DSS of the application through a letter dated February 18, formally communicating the filing and the details of his counsel.
Recall that the DSS had fixed February 25 to arraign El-Rufai over alleged cybercrime and breach of national security.
In the three-count criminal charge, the DSS accused the former governor of unlawfully intercepting the telephone conversation of the National Security Adviser (NSA), Nuhu Ribadu.
The DSS alleged that El-Rufai’s actions contravened provisions of the Cybercrimes (Prohibition, Prevention, etc.) Amendment Act, 2024, and the Nigerian Communications Act, 2003.
