By A Federal Capital Territory High Court in Maitama, Abuja, has dismissed the ₦120 million fundamental rights suit that former Kaduna State Governor Nasir El-Rufai brought against the Department of State Services and three other respondents. Justice Sylvanus Oriji ruled that the suit lacked merit and substance, holding that El-Rufai failed to show that the agencies’ actions violated his fundamental rights.
The suit arose from his challenge to steps taken by the security and anti-corruption agencies, including an alleged attempt to arrest him and the seizure of his passport. Besides the DSS, the respondents were the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission and the Attorney-General of the Federation.
What the court held
Justice Oriji held that the invitation letters the EFCC and ICPC sent El-Rufai, asking him to appear for questioning over allegations against him, did not infringe his constitutional rights.
The judge also upheld the DSS’s position that it has the statutory authority to place persons of interest on its watchlist and to take appropriate action against them, including arrest where that is legally justified.
On the attempted arrest at the Nnamdi Azikiwe International Airport in Abuja, the court rejected El-Rufai’s argument that the action violated his fundamental rights. It also dismissed his objection to the seizure of his international passport, ruling that the DSS acted within its powers. The court said he had not provided sufficient evidence that the seizure was continuous, permanent and unlawful.
Justice Oriji added that the former governor could not use the court to stop law enforcement agencies from carrying out their statutory responsibilities.
The court dismissed the entire suit. It awarded ₦200,000 in costs to each of the four respondents, so El-Rufai must pay a total of ₦800,000.
