The High Court of the Federal Capital Territory (FCT), Abuja, has dismissed a N120 million fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services (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 (AGF).
Justice Sylvanus Oriji, in a judgment delivered on Monday, dismissed the suit for lacking merit and substance. The court also awarded N200,000 in costs against El-Rufai in favour of each of the four respondents.
El-Rufai had approached the court alleging that his fundamental rights were violated following invitations from the EFCC and ICPC, an attempted arrest by DSS operatives at the Nnamdi Azikiwe International Airport in Abuja, and the seizure of his international passport.
The former governor had also challenged the circumstances surrounding the alleged interception of telephone communications involving National Security Adviser, Nuhu Ribadu, which formed part of the broader legal disputes between him and the security agencies.
However, Justice Oriji held that the invitation letters issued by the EFCC and ICPC complied with constitutional requirements and did not amount to an infringement of El-Rufai’s fundamental rights.
On the attempted arrest at the Abuja airport, the court upheld the DSS’s position that the agency had statutory powers to maintain a watchlist and arrest persons of interest where necessary. The judge also rejected El-Rufai’s argument that the attempted arrest was unlawful because there was no warrant.
The court further ruled that the seizure of El-Rufai’s international passport was lawful and within the powers of the DSS. Justice Oriji said the former governor failed to provide sufficient evidence showing that the seizure was continuing, permanent and unlawful.
The judge consequently dismissed the suit in its entirety, holding that El-Rufai could not use the court to prevent security and anti-corruption agencies from carrying out their statutory responsibilities.
The ruling adds to a series of ongoing legal battles involving the former governor and various government agencies. El-Rufai is also facing separate proceedings relating to allegations arising from his tenure as Kaduna State governor, as well as a case involving alleged unlawful interception of telephone communications.