Nasir El-Rufai

Malam El-Rufai asks court to quash DSS charges

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

Signed

Muyiwa Adekeye
Media Adviser to Malam Nasir El-Rufai
24th February 2026

Update on the detention of Malam Nasir El-Rufai, 23rd February 2026

Today marks eight days since Malam Nasir El-Rufai was detained. He voluntarily reported at the EFCC in the morning of Monday, 16th February 2026 in response to an invitation. He has been held since, first by the EFCC which kept him in custody until the night of Wednesday, 18 February when he was moved to the ICPC. As at today, his lawyers have not received any response from the ICPC to an application for bail; and they have not been shown any remand order as the 48-hour window for holding a person without charge has expired.

This week, the courts would entertain at least two matters related to Malam El-Rufai. Hearing in his fundamental rights case against the Federal Government, the ICPC, the EFCC and the DSS has been fixed for 25th February. This case, which is before the FCT High Court, is seeking an order to admit him to bail.

He is scheduled for arraignment on the same date on the widely publicized charges filed by the DSS.

As what may be an eventful week begins, here is a recap of the fast-moving events since Malam El-Rufai returned to the country on 12th February 2026.

23rd February
Following the 19th February 2026 search of his residence by officials of the ICPC, Malam Nasir El-Rufai has asked a Federal High Court to declare the search warrant as invalid. The case, which seeks the enforcement of his fundamental rights, named as respondents the ICPC, the Chief Magistrate of the FCT, the Inspector-General of Police and the Attorney-General of the Federation.

The case is seeking a declaration that the search warrant is invalid, for lack of particularity, material drafting errors, ambiguity in ex*****on parameters, overbreadth and lack of probable cause. He is also asking for a declaration that the search constitutes a violation of his fundamental human rights and an injunction against the use of the items taken in the search in any proceedings against him.

20th February
• Further interrogation by ICPC.

19th February
• ICPC searched the A*o Drive residence of Malam Nasir El-Rufai. Mr. Akpan condemned the search “as unlawful and clear violation of legal procedures and fundamental rights”. He said that the home invasion was conducted under adefective warrant.

• Interrogation by ICPC officials. An application for bail was submitted, but has had no response, so far.

16th- 18th February:
• Malam El-Rufai voluntarily attended the offices of the EFCC as he had indicated in response to the commission’s invitation. Following interrogation by EFCC officials, he is granted administrative bail with conditions that included having a serving federal permanent secretary as one of the sureties. His lawyers applied for variation of the bail terms. He remained in the EFCC’s custody, a situation that his lawyer, Ubong Akpan, described as unlawful detention without justification.

• Ubong Akpan also complained that lawyers and family were having difficulties in securing access to him in detention. One of his wives was not allowed to deliver his meal directly to him in the evening of 17th February but was asked to pass it to him through one of the commission’s personnel. His lawyers have reported that he suffered an overnight episode of bleeding from his nose.

• On the night of 18th February, Malam El-Rufai was transferred to the custody of the ICPC without being told where he was being moved or why.

12th February:
• Malam El-Rufai’s passport was snatched at the airport, during a failed attempt to arrest him, a seizure his lawyers condemned as unlawful. This aborted arrest prompted surprise, given that he had already notified the only agency that had invited him as of that moment that he would be attending their office on 16th February. No formal statement has been issued by any security agency to explain the drama at the airport.

• ICPC delivers a letter asking him to report at their office the next day, 13th February. Malam El-Rufai responded through his lawyers that he proposed to honour the invitation on Wednesday, 18th February given the rather short notice and the other activities to which he was committed. In addition, he had already scheduled an appearance at the EFCC on 16th February, the next available business day.

Signed

Muyiwa Adekeye
Media Adviser to Malam Nasir El-Rufai
23rd February 2026

NIGERIA UPDATE - As part of my duty as a citizen, I wrote to the NSA to seek clarification on reports about the importation by his office of thallium sulphate, a very dangerous toxin. It’s a matter of concern if anyone brings in any poison, more so an odourless, colourless one.

STATEMENT ON THE UNLAWFUL ATTEMPTED ARREST OF MALAM NASIR AHMAD EL-RUFAI

As counsel to Malam Nasir El-Rufai, we unequivocally condemn the attempted illegal arrest of our client by security operatives this afternoon upon his arrival in Abuja via Egypt Air flight MS 877 from Cairo. This is a flagrant violation of constitutional rights, executive overreach, and a deliberate disregard for the rule of law.

The invitation from the Economic and Financial Crimes Commission (EFCC) was delivered to Malam El-Rufai's residence while he was already abroad, rendering it inherently illogical and impractical to demand immediate attendance to answer purported allegations. Such an approach defies reason, as it presumes instantaneous compliance from an individual outside the jurisdiction, without regard for logistical realities or legal fairness. In response, we formally communicated with the EFCC on his behalf since December 2025, assuring compliance upon his return. Yesterday, we explicitly notified them that he would voluntarily appear at their office by 10:00 a.m. on Monday, February 16, 2026, specifying the precise place and time for addressing the invitation. Resorting to arrest despite this clear commitment exemplifies arbitrary conduct and undermines procedural integrity.

Upon his arrival, security operatives from the Department of State Services moved to arrest Malam El-Rufai without presenting any warrant or formal invitation. When he calmly demanded to see the letter of invitation — a basic entitlement of any citizen facing state action — none could be produced. No document, no signed directive, no lawful process. There was only raw power, unclothed by law. In the same unlawful manner, operatives physically snatched his international passport. This act is nothing short of stealing — the unlawful taking of private property by agents of the state acting without colour of authority.

Ordinary Nigerians present at the airport, incensed by this open display of oppression, surrounded the scene and insisted loudly that he could only be arrested upon a legitimate process. Their voices, defiant and unbowed, were a testament to the citizenry's unyielding commitment to the rule of law, even as state agents acted in flagrant disregard of it. That citizens had to remind security operatives of the Constitution is both shameful and instructive.

No government agency possesses unfettered authority to detain citizens without due process. All public institutions and officials are bound by the Constitution of the Federal Republic of Nigeria (as amended), which mandates adherence to legal protocols.

This attempted arrest directly infringes upon key constitutional provisions guaranteeing fundamental freedoms, including:

Section 35 (Right to Personal Liberty): requires that any arrest be justified and conducted in accordance with lawful procedures, such as reasonable suspicion and prompt judicial oversight.

Section 36 (Right to fair hearing): safeguards against executive actions that prejudice judicial processes.

Section 34 (Right to Dignity of Human Person): Subsection (1)(a) protects citizens from mistreatment during arrest that assaults personal dignity.

Section 41 (Right to Freedom of Movement): guarantees entry without arbitrary interception. The unlawful seizure of his passport directly restrains this right.

Section 44 (Right to Own Property): This prohibits the snatching of his passport without legal authority.

There exists no justifiable basis for this attempted arrest or the accompanying mistreatment. Despite prior intelligence of plans to effect this arrest, Malam El-Rufai proceeded with his return following medical treatment and rest abroad, publicly affirming his commitment to face any legitimate inquiry. This premeditated interception at the airport exemplifies lawlessness and an abuse of state power.

We demand the immediate and unconditional cessation of all unlawful efforts to detain Malam El-Rufai, the immediate return of his stolen passport, and a formal apology for this egregious infringement on his dignity and rights.

LET US MAKE IT PUBLICLY AND ABUNDANTLY CLEAR:
1. MALAM NASIR AHMAD EL RUFAI WILL NEVER TAKE THE COWARDLY ROUTE OF RUNNING AWAY FROM LAW ENFORCEMENT.

2. HE WILL HONOUR, WITHOUT PRECONDITIONS, ALL LEGITIMATE LAW ENFORCEMENT SUMMONS.

Legal action will be pursued against all persons and agencies responsible for this unconstitutional conduct to uphold accountability and deter future abuses. The judiciary remains the ultimate arbiter, and we shall seek redress through all available legal channels to protect the sanctity of the law.

Ubong Esop Akpan
The Chambers of Ubong Akpan
Counsel to Malam Nasir El-Rufai
Abuja, February 12, 2026

NIGERIA UPDATE: My forthcoming book to be published before the end of the year, by God’s grace. It is in six parts with each part dealing with the governance strategies and legacies of (1) Yakubu Gowon (2) Olusegun Obasanjo I and II (3) Muhammadu Buhari I and II (4) Ibrahim Babangida, (5) Abdusslami Abubakar, and (6) Goodluck Jonathan. -