Court Dismisses El-Rufai’s N120m Rights Suit Against DSS, EFCC, ICPC

By Adedapo Adesanya

The Federal Capital Territory High Court in Maitama, Abuja, has dismissed a N120 million fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Department of State Services (DSS) and three other respondents over alleged violations of his rights.

Justice Sylvanus Oriji dismissed the suit for lacking merit and substance, ruling that Mr El-Rufai failed to establish that the actions of the agencies violated his fundamental rights.

The court awarded N200,000 in costs to each of the four respondents: the DSS, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission, and the Attorney-General of the Federation, bringing the total costs to N800,000.

In his judgment, Justice Oriji held that invitation letters issued to Mr El-Rufai by the EFCC and ICPC to appear for questioning over allegations against him did not infringe on his constitutional rights.

The judge also upheld the DSS’s authority to place persons of interest on its watchlist and take appropriate action, including arrest where legally justified.

On the attempted arrest of the former governor at the Nnamdi Azikiwe International Airport in Abuja, the court rejected his argument that the action violated his fundamental rights.

Justice Oriji also dismissed Mr El-Rufai’s objection to the seizure of his international passport, ruling that the action fell within the statutory powers of the DSS.

The court held that the former governor had failed to provide sufficient evidence that the seizure was continuous, permanent and unlawful.

The judge further ruled that Mr El-Rufai could not use the court to prevent law enforcement agencies from carrying out their statutory responsibilities.

The suit arose from El-Rufai’s challenge to actions taken by security and anti-corruption agencies, including an alleged attempt to arrest him and the seizure of his passport.

The judgment dismissed the entire suit and ordered the former governor to pay N800,000 in total costs to the four respondents.