Court Dismisses El-Rufai’s N120m Fundamental Rights Suit Against DSS, EFCC, ICPC

The High Court of the Federal Capital Territory has dismissed a N120 million fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against the Department of State Services (DSS) and three other respondents over an alleged wiretapping controversy and related actions by security and anti-corruption agencies.

Justice Sylvanus Oriji, in a judgment delivered on Monday, ruled that the suit lacked merit and substance in its present form.

The court also ordered El-Rufai to pay N200,000 in costs to each of the four respondents: the 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 and Minister of Justice.

In its ruling, the court held that the invitation letters issued to El-Rufai by the EFCC and ICPC, asking him to appear for questioning over allegations against him, did not amount to a violation of his fundamental rights.

Justice Oriji ruled that the two agencies acted within the law by inviting the former governor to provide information on matters under investigation.

The court also considered El-Rufai’s claim that the DSS violated his rights through an attempted arrest at the Nnamdi Azikiwe International Airport in Abuja.

On the issue, the judge upheld the DSS’s position that it had statutory powers to maintain watchlists and arrest persons of interest in the discharge of its duties.

The court further held that El-Rufai could not use the judicial process to prevent the relevant agencies from carrying out their lawful responsibilities.

Justice Oriji also rejected the argument that the attempted arrest was unlawful because no warrant had been produced. According to the judgment, the DSS possessed powers under the legal framework governing its operations, including the State Security Service instrument and the National Security Agencies Act.

On the seizure of El-Rufai’s passport, the court held that the action was lawful under the circumstances presented before it. The judge said the former governor had not provided sufficient evidence to establish that the seizure was continuing, permanent or unlawful.

The court consequently dismissed the entire suit for lacking merit and awarded a total of N800,000 in costs to the four respondents.

The judgment marks a legal setback for the former governor in his effort to challenge the actions of the security and anti-corruption agencies through a fundamental rights enforcement suit.