A High Court of the Federal Capital Territory, Abuja, has dismissed a N120 million fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services (DSS) and three other government agencies.
Justice Sylvanus Oriji, in a judgment delivered on Monday, held that the suit lacked merit and substance.
The court also ordered El-Rufai to pay N200,000 each to the four respondents as costs.
Court Upholds EFCC, ICPC Invitations
The respondents are the 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 (AGF).
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The judge held that invitation letters issued to El-Rufai by the EFCC and ICPC for questioning over allegations against him did not violate his fundamental rights.
He ruled that the agencies acted within their statutory responsibilities by inviting him to assist with investigations.
Judge Rules on Alleged Airport Arrest Attempt
On the alleged attempt by the DSS to arrest El-Rufai at the Nnamdi Azikiwe International Airport, Abuja, the court upheld the agency’s argument that it had the legal authority to place individuals of interest on its watchlist and arrest them where necessary.
Justice Oriji also rejected El-Rufai’s argument that the attempted arrest was unlawful because the agency had no warrant.
The judge held that the DSS possessed arrest powers under the legal framework governing its operations, including the National Security Agencies Act.
The court further ruled that El-Rufai could not use the judicial process to prevent security and anti-corruption agencies from carrying out their statutory duties.
Court Declares Passport Seizure Lawful
On the seizure of his international passport by the DSS, Justice Oriji held that the action was lawful and within the agency’s powers.
He said El-Rufai had failed to provide sufficient evidence that the seizure was continuous, permanent and unlawful.
The court subsequently dismissed the suit in its entirety for lacking merit and ordered El-Rufai to pay N200,000 each to the four respondents as costs.
Background to the Suit
El-Rufai instituted the fundamental rights suit against the DSS, EFCC, ICPC and the Attorney-General of the Federation, challenging the agencies’ actions against him.
The former governor faulted invitation letters issued to him by the EFCC and ICPC for questioning over allegations against him.
He also challenged an alleged attempt by DSS operatives to arrest him at the Nnamdi Azikiwe International Airport, Abuja, and the seizure of his international passport.
El-Rufai argued that the actions violated his fundamental rights, including his freedom of movement, and sought N120m in damages.
The suit came amid separate investigations and legal proceedings involving the former governor over allegations of financial misconduct during his tenure as Kaduna State governor from 2015 to 2023, as well as a case relating to the alleged unlawful interception of telephone communications belonging to National Security Adviser Nuhu Ribadu.
However, the FCT High Court dismissed the rights suit, holding that the agencies’ actions, as presented before it, did not establish a violation of El-Rufai’s fundamental rights.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.