Court Dismisses El-Rufai’s ₦120m Rights Suit Against DSS, EFCC, ICPC

The Federal Capital Territory High Court has dismissed a ₦120 million fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services (DSS) and other respondents.

Justice Sylvanus Oriji, in his judgment, held that the suit lacked merit and substance as constituted by the plaintiff.

The judge also awarded ₦200,000 in costs against El-Rufai in favour of each respondent.

The court ruled that the invitation letters issued to the former governor by the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for questioning over allegations against him complied with constitutional requirements.

Justice Oriji held that the invitations did not violate El-Rufai’s fundamental rights, noting that the agencies were acting within their lawful responsibilities by requesting him to provide information on issues raised against him.

The court also rejected arguments that an attempted arrest of the former governor by the DSS at the Nnamdi Azikiwe International Airport, Abuja, violated his rights.

Upholding the DSS’s position, the judge said the agency had a statutory mandate to maintain watchlists and arrest persons of interest in the discharge of its duties.

Justice Oriji further dismissed El-Rufai’s argument that the attempted arrest was unlawful because it was not backed by a warrant.

The judge held that the DSS possessed relevant arrest powers under the legal framework governing its operations, including the instrument establishing the service and the National Security Agencies Act.

The court also ruled on the seizure of El-Rufai’s passport by the DSS, holding that the action was lawful and within the agency’s powers.

According to the judge, the former governor failed to provide sufficient evidence to establish that the seizure was continuous, permanent and unlawful.

Justice Oriji maintained that El-Rufai could not use the court to prevent security and anti-corruption agencies from carrying out their statutory responsibilities.

The dismissal represents a legal setback for the former governor in his effort to challenge the actions of the agencies through a fundamental rights enforcement suit.

El-Rufai has also been linked to separate proceedings involving allegations of financial misconduct, which are distinct from the rights enforcement case dismissed by the FCT High Court.

The judgment underscores the court’s position that lawful investigative invitations and actions taken within statutory powers do not, by themselves, amount to violations of fundamental rights.

The former governor had sought ₦120 million in damages over the actions challenged in the suit. However, the court found no sufficient legal basis to grant the reliefs sought and consequently dismissed the case.