Court dismisses El-Rufai’s N120m fundamental rights suit against DSS, EFCC, ICPC

A Federal Capital Territory High Court in Abuja has dismissed former Kaduna State Governor Nasir El-Rufai’s N120 million fundamental rights suit against the Department of State Services DSS and three other respondents.

Justice Sylvanus Oriji dismissed the suit on Monday, ruling that it lacked merit. He also ordered El-Rufai to pay N200,000 in costs to each of the four respondents.

The court held that invitation letters issued to El-Rufai by the Economic and Financial Crimes Commission EFCC and the Independent Corrupt Practices and Other Related Offences Commission ICPC did not violate his fundamental rights.

According to the judge, the agencies acted within constitutional limits by inviting the former governor to answer questions about allegations against him.

Justice Oriji also rejected El-Rufai’s claim that the DSS violated his rights when it attempted to arrest him at the Nnamdi Azikiwe International Airport in Abuja.

The judge upheld the DSS’s argument that it had the legal authority to place persons of interest on its watchlist and arrest them where necessary.

He further ruled that El-Rufai could not use the court to prevent security agencies from carrying out their statutory responsibilities.

On the absence of an arrest warrant, Justice Oriji dismissed the former governor’s argument, holding that the DSS possessed relevant arrest powers under its governing legal framework and the National Security Agencies Act.

The court also ruled that the seizure of El-Rufai’s international passport by the DSS was lawful.

Justice Oriji said El-Rufai failed to provide evidence establishing that the seizure was ongoing, permanent or unlawful.

Consequently, the court dismissed the entire suit and awarded N200,000 each to the four respondents, including the Attorney-General of the Federation and Minister of Justice.