The High Court of the Federal Capital Territory (FCT) has dismissed a fundamental rights enforcement suit filed by former Kaduna State Governor Nasir Ahmad El-Rufai against the Department of State Services (DSS), the Economic and Financial Crimes Commission (EFCC) and other government agencies.
Justice Sylvanus Oriji dismissed the suit for lacking merit, ruling that the actions challenged by El-Rufai did not establish a violation of his fundamental rights.
The former governor had instituted the N120 million suit against the DSS, EFCC, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation and Minister of Justice.
In his judgment, Justice Oriji awarded costs of N200,000 against El-Rufai in favour of each of the four respondents.
The court held that invitation letters issued to El-Rufai by the EFCC and ICPC to appear for investigations into allegations against him complied with constitutional requirements and did not infringe on his fundamental rights.
According to the judge, the two agencies acted within their lawful responsibilities by inviting the former governor to respond to issues raised against him.
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.
Justice Oriji upheld the DSS’s argument that it had statutory authority to maintain a watchlist and arrest individuals considered persons of interest in matters within its mandate.
The judge rejected El-Rufai’s argument that the attempted arrest was unlawful because there was no warrant, holding that the DSS possessed relevant powers under the legal framework governing its operations, including the SSS Instrument and the National Security Agencies Act.
The court further held that El-Rufai could not use the judicial process to prevent security and anti-corruption agencies from carrying out their lawful duties.
On the seizure of his international passport by the DSS, the court ruled that the action was within the agency’s powers. It also found that El-Rufai had not provided sufficient evidence to establish that the seizure was continuous, permanent and unlawful.
Consequently, Justice Oriji dismissed the entire suit and ordered the former governor to pay N200,000 in costs to each respondent.
The ruling represents a legal setback for El-Rufai in his attempt to challenge the actions of the security and anti-corruption agencies on grounds of alleged violations of his fundamental rights.
