Court Dismisses El-Rufai’s ₦120m Rights Suit Against DSS, EFCC, ICPC
A High Court of the Federal Capital Territory (FCT), Abuja, has dismissed a ₦120 million fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services (DSS) and three other federal government institutions.
The court dismissed the suit on Monday, ruling that it lacked merit and substance, and ordered El-Rufai to pay ₦200,000 in costs to each of the four respondents.
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.
Delivering the judgment, Justice Sylvanus Oriji held that the invitation letters issued to El-Rufai by the EFCC and ICPC to appear for questioning over allegations against him did not violate his fundamental rights.
The judge ruled that the invitations complied with constitutional requirements and did not amount to an infringement of the former governor’s rights.
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The court also considered El-Rufai’s complaint over an alleged attempt by the DSS to arrest him at the Nnamdi Azikiwe International Airport in Abuja.
On the issue, Justice Oriji upheld the DSS’s argument that it had statutory powers to maintain watchlists, monitor persons of interest and effect arrests in the discharge of its lawful responsibilities.
The judge further rejected El-Rufai’s argument that the attempted arrest was unlawful because it was not backed by a warrant, holding that the DSS possessed relevant powers under its enabling legal framework.
The court also dismissed his claim that the seizure of his international passport by the DSS violated his fundamental rights.
Justice Oriji held that the seizure was within the agency’s lawful powers and noted that El-Rufai had failed to provide sufficient evidence to establish that the seizure was continuing, permanent and unlawful.
The court consequently dismissed the suit in its entirety and awarded ₦200,000 each to the four respondents as costs.
El-Rufai had instituted the action, alleging that the actions of the security and anti-corruption agencies violated his fundamental rights.
The judgment represents a legal victory for the respondents in the dispute over their investigative actions and the attempted arrest of the former governor.
