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), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and two other respondents.
Justice Sylvanus Oriji dismissed the suit for lacking merit and substance, ruling that the invitation letters issued to El-Rufai by the ICPC and the Economic and Financial Crimes Commission (EFCC) for investigation did not violate his fundamental rights.
The court also awarded ₦200,000 in costs to each of the four respondents, namely the DSS, ICPC, EFCC and the Attorney-General of the Federation, to be paid by the former governor.
On the attempted arrest of El-Rufai at the Nnamdi Azikiwe International Airport in Abuja, the court upheld the DSS’s position that it had the statutory authority to place persons of interest on its watchlist and arrest them in the course of carrying out its duties.
Justice Oriji also rejected El-Rufai’s argument that the attempted arrest was unlawful because no warrant had been presented, holding that the DSS possessed relevant powers under its governing legal framework.
The court further ruled that the seizure of El-Rufai’s passport by the DSS was lawful, noting that he had failed to provide evidence establishing that the seizure was continuous, permanent and unlawful.
Justice Oriji consequently held that El-Rufai could not use the court to prevent the security and anti-corruption agencies from performing their statutory responsibilities.
