- FCT High Court in Maitama dismissed former Kaduna governor Nasir El-Rufai's ₦120 million fundamental rights suit against the DSS and three other agencies
- Justice Sylvanus Oriji ruled that invitation letters from the EFCC and ICPC did not breach El-Rufai's constitutional rights
- The court also upheld the DSS's authority to place persons of interest on its watchlist and retain international passports
An Abuja High Court has thrown out a ₦120 million fundamental rights suit brought by former Kaduna State Governor Nasir El-Rufai against four federal agencies, ruling that he failed to show his rights were violated.
Justice Sylvanus Oriji of the Federal Capital Territory High Court in Maitama delivered the judgment, finding the suit lacking in merit and substance. The court ordered El-Rufai to pay ₦200,000 in costs to each of the four respondents: 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, bringing the total cost award to ₦800,000.
Why the court rejected El-Rufai's claims
At the centre of the dispute were invitation letters from the EFCC and ICPC asking El-Rufai to appear for questioning over allegations made against him. Justice Oriji held that those invitations did not infringe on any of the former governor's constitutional rights.
On the question of his attempted arrest at Nnamdi Azikiwe International Airport in Abuja, the court rejected El-Rufai's argument that the incident amounted to a rights violation. The judge similarly dismissed his objection to the seizure of his international passport, finding that the DSS acted within its lawful powers. The court added that El-Rufai had not produced enough evidence to show the seizure was continuous, permanent, or without legal basis.
Justice Oriji also upheld the DSS's position that it has the statutory authority to place persons of interest on a watchlist and take further action, including arrest, where the law permits.
Court rules against using litigation to block agencies
In a pointed finding, Justice Oriji ruled that El-Rufai could not use litigation as a tool to stop law enforcement and anti-corruption agencies from performing the functions assigned to them by statute.
The suit had originally been filed to challenge several actions taken by the security and anti-corruption bodies against the former governor, including the alleged airport arrest attempt and the withholding of his travel document.
Source: Legit.ng
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