Daud Olatunji
The Federal Capital Territory High Court has dismissed a ₦120m fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services, the Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Related Offences Commission.
The court, presided over by Justice Sylvanus Oriji, dismissed the suit for lacking merit and substance as constituted by the applicant.
It also ordered El-Rufai to pay ₦200,000 in costs to each of the respondents.
In the judgment delivered on Monday, the court held that the invitation letters issued to El-Rufai by the EFCC and ICPC to appear for investigations did not violate his fundamental rights.
Justice Oriji ruled that the agencies acted within their lawful responsibilities by inviting the former governor to clarify issues raised against him.
The court consequently rejected his argument that the invitations constituted an infringement on his constitutionally guaranteed rights.
The judge also addressed El-Rufai’s challenge to an attempted arrest by the DSS at the Nnamdi Azikiwe International Airport, Abuja.
Upholding the DSS’s position, the court held that the security agency had statutory powers to maintain watchlists and take appropriate action against persons of interest.
Justice Oriji further dismissed the argument that the attempted arrest was unlawful because it was not backed by an arrest warrant.
The court held that the DSS possessed relevant powers under its governing legal framework, including the provisions associated with the National Security Agencies Act.
On the seizure of El-Rufai’s passport by the DSS, the judge ruled that the action was lawful under the circumstances presented before the court.
The court also held that the former governor had failed to provide sufficient evidence establishing that the seizure was continuing, permanent and unlawful.
Justice Oriji maintained that the court could not be used to prevent law enforcement and security agencies from performing their statutory duties.
The dismissal represents a legal setback for El-Rufai in his attempt to challenge the actions of the security and anti-corruption agencies through the fundamental rights enforcement proceedings.
The suit arose from the former governor’s complaints about the invitation letters issued by the anti-corruption agencies, the attempted arrest at the Abuja airport and the seizure of his passport by the DSS.
However, the court found no sufficient legal basis to grant the reliefs sought in the action.
The court consequently dismissed the suit and awarded costs of ₦200,000 each to the respondents.
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