Court Dismisses El-Rufai’s N120m Rights Suit

The High Court of the Federal Capital Territory (FCT), Abuja, has dismissed a N120million fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services (DSS), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney General of the Federation, ordering him to pay N800,000 in costs to the four respondents.

The court, presided over by Justice Sylvanus Oriji, dismissed the suit on Monday for lacking merit and awarded N200,000 each to the DSS, EFCC, ICPC and the Attorney General of the Federation.

The suit arose from El-Rufai’s allegations that his fundamental rights were violated following invitations by the EFCC and ICPC for investigations, an attempted arrest by the DSS at the Nnamdi Azikiwe International Airport, Abuja, and the seizure of his international passport.

In his judgment, Justice Oriji held that the invitation letters issued by the EFCC and ICPC complied with constitutional requirements and did not violate the former governor’s fundamental rights.

The judge ruled that the two anti-graft agencies acted within their statutory powers by inviting El-Rufai to respond to allegations against him.

On the attempted arrest at the Abuja airport, the court rejected El-Rufai’s argument that the DSS acted unlawfully because it did not have an arrest warrant.

Justice Oriji upheld the DSS’s position that it had the statutory authority to maintain watchlists and arrest persons of interest.

The judge also held that the DSS had police powers under the relevant legal framework governing the service, including the National Security Agencies Act.

He further ruled that El-Rufai could not use the judicial process to prevent security and law enforcement agencies from carrying out their statutory duties.

On the seizure of his international passport, Justice Oriji held that the action was lawful and within the DSS’s powers.

The judge said El-Rufai had failed to establish that the seizure was continuous, permanent and unlawful, thereby dismissing his claim that the action violated his fundamental rights.

The court consequently dismissed the suit in its entirety and ordered the former governor to pay N200,000 each to the four respondents, bringing the total costs awarded against him to N800,000.