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El-Rufai Challenges Detention, Search Warrant and DSS Charges as Court Hearings Begin

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ABUJA — Former Kaduna State Governor, Nasir El-Rufai, has approached multiple courts to challenge his continued detention, a search of his residence, and criminal charges filed against him by the Department of State Services (DSS).

In separate statements issued on February 23 and 24 by his Media Adviser, Muyiwa Adekeye, El-Rufai’s legal team outlined a series of legal actions taken following his arrest and interrogation by security agencies.

According to the statement, El-Rufai voluntarily reported to the Economic and Financial Crimes Commission (EFCC) on Monday, February 16, 2026, in response to an invitation. He was interrogated and granted administrative bail under conditions that included providing a serving federal permanent secretary as surety.

His lawyers reportedly applied for a variation of the bail terms but said he remained in EFCC custody. On the night of February 18, he was transferred to the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

As of February 23, his lawyers said they had not received a response to an application for bail submitted to the ICPC and had not been shown any remand order authorizing his continued detention beyond 48 hours.

The legal team also alleged difficulties in gaining access to him while in custody and reported that he experienced a nosebleed during detention.

The developments followed an incident on February 12 at an Abuja airport, where El-Rufai’s passport was allegedly seized during what his lawyers described as a failed arrest attempt. His legal team condemned the seizure as unlawful, noting that he had already informed the EFCC he would honour its invitation on February 16.

On the same day, the ICPC issued a letter requesting his appearance on February 13. His lawyers responded that he would report on February 18, citing prior commitments and his scheduled EFCC appearance.

On February 19, ICPC officials searched El-Rufai’s residence on Aso Drive, Abuja. His counsel, Ubong Akpan, described the operation as unlawful and conducted under a defective warrant.

El-Rufai has since filed a suit at the Federal High Court seeking to nullify the search warrant. The suit names the ICPC, the Chief Magistrate of the FCT, the Inspector-General of Police and the Attorney-General of the Federation as respondents.

He is asking the court to declare the warrant invalid on grounds including lack of particularity, drafting errors, ambiguity, overbreadth and absence of probable cause. He is also seeking an injunction to prevent the use of items seized during the search in any proceedings against him.

Meanwhile, El-Rufai has filed a motion challenging Charge No. FHC/ABJ/CR/99/2026 instituted against him by the DSS at the Federal High Court, Abuja. The case is scheduled for February 25 before Justice Joyce Abdulmalik.

In the application, he is asking the court to quash or strike out the charge on grounds that it is incompetent, discloses no offence known to law and constitutes an abuse of court process. He also seeks an order discharging him for lack of a prima facie case.

Additionally, he is requesting N2 billion in costs against the DSS, alleging misuse of the criminal justice system to harass and publicly victimize him.

His legal team cited 17 grounds in support of the motion, including constitutional invalidity, absence of evidence, lack of prosecutorial competence and violation of his fundamental rights. The alleged breaches include the presumption of innocence, the right against self-incrimination, the requirement that offences be defined in written law, and rights to freedom of expression and association.

Separate from the motion to quash the DSS charges, El-Rufai has also filed a fundamental rights enforcement suit before the FCT High Court against the Federal Government, the ICPC, the EFCC and the DSS, seeking an order admitting him to bail.

Both the fundamental rights case and his scheduled arraignment on the DSS charges are set for hearing on February 25, in what his media office described as an eventful week in the unfolding legal battle.

The statements were signed by Muyiwa Adekeye, Media Adviser to Malam Nasir El-Rufai.

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