Nasir El-Rufai is questioning the validity of the case, arguing that the charges against him are not legally sound and amount to a misuse of the court process.
In a statement by his media aide, Muyiwa Adekeye, he said the former governor filed an application asking the court to throw out Charge No. FHC/ABJ/CR/99/2026 filed by the DSS.
The case is set to be heard on February 25, 2026, before Justice Joyce Abdulmalik.
In his application, El-Rufai is urging the court to strike out the case entirely.
He claimed the charge does not disclose any offence recognised by law and is therefore invalid.
The former governor also argues that there is no basic evidence to support the case against him.
Among other requests, he is asking the court to clear him of the charges and to award ₦2 billion in damages against the DSS for what he describes as abuse of the criminal justice system.
Court papers show that his legal team listed 17 reasons why the charges should be dismissed.
These include claims that the case is unconstitutional, that the DSS lacks the authority to prosecute it, that there is no evidence to support the allegations, and that the charges are politically motivated.
The application also argued that the prosecution breaches his constitutional rights, including the right to be presumed innocent, the right not to be forced to give evidence against himself, and the requirement that any offence must be clearly defined by written law.
It further claimed that his rights to free speech and association have been violated.
El-Rufai’s lawyers have formally informed the DSS Director-General about the court application and submitted details of his legal representatives.
The court will hear arguments from both sides on February 25, after which it will decide whether the case should go ahead or be dismissed at this early stage.
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