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The N120 million fundamental rights suit instituted by a former governor of Kaduna state, Nasir Ahmad El-Rufai, against the Department of the State Service (DSS) and three others, was Monday dismissed by Justice Sylvanus Oriji of the FCT High Court in Abuja.
The presiding judge gave the declaration in a judgment just as he threw away the suit for lacking in merit and substance as constituted by the plaintiff.
The judge awarded N200,000 as cost to each of the respondents to be paid to them by the former governor.
The court held that the letters of invitation by the two federal government agencies to El-Rufai to appear for investigation over allegations against him met constitutional requirements and did not in any way constitute infringement on his fundamental rights.
Justice Oriji stated further: “Both the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC) did not violate the applicant’s rights with the letters inviting him to shed light on issues raised against him.”
On whether the attempt to arrest the applicant at Nnamdi Azikiwe Airport Abuja by the DSS (3rd respondent) violated his rights, the court upheld the DSS submission that it had statutory mandate to maintain watch list action and arrest persons of interest.
The court further held that El-Rufai cannot use the court to stop the agencies from performing their duties.
The judge also discountenanced the former governor’s argument that there was no warrant for his attempted arrest and ruled that DSS had inherent powers of the police pursuant to SSS instrument and NSA Act.
On whether the seizure of the former governor’s international passport by the DSS was a violation of his rights, the court held that it was satisfied that the seizure was lawful and pursuant to the powers of the DSS and thus the applicant had failed to adduce evidence showing that the seizure was continuous, permanent and unlawful.
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