Court Delivers Fresh Verdict in El-Rufai’s Legal Battle

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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 his judgment delivered on Monday, Justice Oriji dismissed the case, ruling that it lacked merit and substance.

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

Justice Oriji held that the invitation letters issued to the former governor by two Federal Government agencies for questioning over allegations against him complied with constitutional requirements and did not violate his fundamental rights.

The judge specifically ruled that neither the Economic and Financial Crimes Commission, EFCC, nor the Independent Corrupt Practices and Other Related Offences Commission, ICPC, infringed on El-Rufai’s rights by inviting him to provide clarification on issues raised against him.

The court also considered whether the DSS violated the former governor’s rights when its operatives allegedly attempted to arrest him at the Nnamdi Azikiwe International Airport in Abuja.

On that issue, Justice Oriji upheld the security agency’s position that it had the statutory authority to maintain a watchlist and arrest individuals considered persons of interest.

The judge further maintained that El-Rufai could not obtain a court order to prevent the agencies from carrying out their lawful responsibilities.

Justice Oriji also rejected the former governor’s argument that the attempted arrest was unlawful because no warrant had been issued. He held that the DSS possessed inherent powers comparable to those of the police under the relevant SSS instrument and the National Security Agencies Act.

Regarding the seizure of El-Rufai’s international passport by the DSS, the court ruled that the action was lawful and fell within the agency’s statutory powers.

The judge added that the former governor had failed to provide sufficient evidence to establish that the seizure was ongoing, permanent or unlawful.

Having rejected the claims raised in the suit, the court dismissed the entire case for lack of merit.

The N200,000 cost awarded to each respondent applies to the DSS, EFCC, ICPC and the Attorney General of the Federation, AGF, who is also the Minister of Justice.

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