The High Court of the Federal Capital Territory (FCT) in Abuja 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) and three other respondents.
Justice Sylvanus Oriji delivered the judgment on Monday, ruling that the suit lacked merit and substance. The court ordered El-Rufai to pay ₦200,000 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.
El-Rufai had approached the court alleging violations of his fundamental rights arising from invitations issued by the EFCC and ICPC for him to answer questions over allegations against him, an attempted arrest by the DSS at Nnamdi Azikiwe International Airport in Abuja, and the seizure of his international passport. Some reports linked the action to a broader context involving alleged wiretapping, in which El-Rufai faces a separate five-count charge by the DSS over claims that he unlawfully intercepted telephone conversations connected to National Security Adviser Nuhu Ribadu.
In his ruling, Justice Oriji held that the invitation letters from the EFCC and ICPC met constitutional requirements and did not infringe El-Rufai’s rights. The judge stated that the anti-graft agencies acted within their statutory mandates by inviting the former governor to clarify issues raised against him.
On the attempted arrest at the airport, the court upheld the DSS’s position that it possesses the statutory authority to maintain a watchlist and arrest persons of interest. Justice Oriji rejected El-Rufai’s argument that the absence of a warrant rendered the action unlawful, holding that the DSS has inherent powers akin to those of the police under the National Security Agencies Act and related instruments. The judge further ruled that El-Rufai could not use the judicial process to prevent security and law-enforcement agencies from performing their lawful duties.
Regarding the seizure of his international passport, the court found that the action was lawful and fell within the DSS’s powers. Justice Oriji noted that El-Rufai had failed to provide evidence showing that the seizure was continuous, permanent, and unlawful.
The suit was consequently dismissed in its entirety. El-Rufai, who served as Governor of Kaduna State from 2015 to 2023, has faced multiple legal actions involving federal agencies in recent months, including other pending fundamental rights claims.
By John James
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