A High Court of the Federal Capital Territory (FCT) on Monday dismissed a N120 million fundamental rights enforcement suit instituted by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services (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.
The court ruled that the suit lacked merit and awarded N200,000 each in costs to the DSS, EFCC and ICPC.
Delivering judgment, Justice Sylvanus Orji held that the invitation letters issued to El-Rufai by the EFCC and ICPC complied with constitutional requirements and did not infringe on his fundamental rights.
The former governor had approached the court to challenge the actions of the agencies, including an alleged attempt by the DSS to arrest him at the Nnamdi Azikiwe International Airport in Abuja and the seizure of his international passport.
On the attempted arrest, Justice Orji dismissed El-Rufai’s argument that the DSS could not act without a warrant.
The judge held that the agency possessed police powers under its establishing instrument and the National Security Agencies Act.
The court also affirmed the DSS’s authority to maintain watchlists and arrest persons of interest, noting that El-Rufai could not use the judicial process to prevent security agencies from carrying out their statutory responsibilities.
Addressing the seizure of his international passport, the judge held that the action fell within the DSS’s powers and was lawful in the circumstances presented before the court.
Justice Orji further ruled that El-Rufai had failed to establish that the seizure was continuous, permanent and unlawful, adding that the former governor had not sufficiently demonstrated a violation of his fundamental rights.
