Justice Sylvanus Oriji of the Federal Capital Territory (FCT) High Court has dismissed a ₦120 million fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Department of State Services (DSS) and three other respondents.
The judge dismissed the suit for lacking merit and substance, awarding ₦200,000 in costs to each respondent, payable by the former governor.
In his judgment, Justice Oriji held that invitation letters issued to El-Rufai by the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to appear for investigations did not violate his fundamental rights.
The court ruled that the letters met constitutional requirements and were lawful requests for El-Rufai to provide information on allegations raised against him.
Court Upholds DSS Attempted Arrest
On the attempted arrest of El-Rufai by the DSS at Nnamdi Azikiwe International Airport in Abuja, the court upheld the agency’s argument that it had a statutory mandate to maintain watchlists and arrest persons of interest.
Justice Oriji dismissed El-Rufai’s argument that the attempted arrest was unlawful because there was no warrant.
The judge ruled that the DSS possessed inherent police powers under the instrument establishing the State Security Service and the National Security Agencies Act.
The court further held that El-Rufai could not use the judicial process to prevent the security and anti-corruption agencies from carrying out their statutory responsibilities.
Court Rules on Seized Passport
On the seizure of El-Rufai’s passport by the DSS, Justice Oriji held that the action was lawful and within the agency’s powers.
The judge said the former governor had failed to provide evidence establishing that the seizure was continuous, permanent and unlawful.
The court consequently dismissed the fundamental rights suit, finding no sufficient grounds to uphold El-Rufai’s claims against the respondents.
Chronicle NG reports that the ruling dismissed the former governor’s ₦120 million claim and awarded a total of ₦800,000 in costs to the four respondents.
