Justice Sylvanus Oriji of the High Court of the Federal Capital Territory (FCT) 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.
In a judgment delivered on Monday, Justice Oriji ruled that the suit lacked merit and substance.
The court also ordered El-Rufai to pay N200,000 in costs to each of the four respondents.
It held that the invitations issued to the former governor by two Federal Government agencies to appear for questioning over allegations against him complied with constitutional provisions and did not violate his fundamental rights.
Specifically, Justice Oriji said that 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 the Nnamdi Azikiwe International Airport, Abuja, by the DSS (3rd respondent) violated his rights, the court upheld the security agency’s submission that it had statutory mandate to maintain watchlist 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.
Justice Oriji discountenanced El-Rufai’s argument that there was no warrant for his attempted arrest and ruled that the DSS had inherent powers of the police pursuant to SSS instrument and the NSA Act.
On whether the seizure of El-Rufai’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 made pursuant to the powers of the DSS, and thus the applicant (El-Rufai) had failed to adduce evidence showing that the seizure was continuous, permanent and unlawful.
While dismissing the entire suit for lacking in merit, the court awarded N200,000 to each of the four respondents including the Attorney General of the Federation, AGF, and Minister of Justice.