Justice Sylvanus Oriji of the Federal Capital Territory High Court has dismissed a ₦120 million fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Department of State Services (DSS) and three other respondents.
In his judgment, Justice Oriji held that the suit lacked merit and substance, awarding costs of ₦200,000 against El-Rufai in favour of each respondent.
The court ruled that invitation letters issued to the former governor by two federal government agencies for questioning over allegations against him met constitutional requirements and did not violate his fundamental rights.
Specifically, the judge held that neither the Economic and Financial Crimes Commission (EFCC) nor the Independent Corrupt Practices and Other Related Offences Commission (ICPC) infringed on El-Rufai’s rights by inviting him to respond to issues raised against him.
On the attempted arrest of the former governor by the DSS at the Nnamdi Azikiwe International Airport in Abuja, the court upheld the agency’s argument that it had a statutory mandate to maintain watchlists and arrest persons of interest.
Justice Oriji further held that El-Rufai could not use the court to prevent security and law enforcement agencies from carrying out their lawful duties.
The judge also rejected El-Rufai’s argument that the attempted arrest was unlawful because it was not backed by a warrant. He ruled that the DSS had powers to carry out arrests under the legal framework governing its operations, including the relevant provisions of the National Security Agencies Act.
On the seizure of El-Rufai’s passport by the DSS, the court held that the action was lawful and within the agency’s powers.
The judge added that the former governor had failed to provide evidence establishing that the seizure was ongoing, permanent and unlawful.
