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From Godwin Tsa, Abuja
A High Court of the Federal Capital Territory, Abuja, has dismissed a N120 million fundamental rights enforcement suit filed by a former Kaduna State governor, Nasir El-Rufai, against the Department of State Services (DSS) and three others.
Justice Sylvanus Oriji, in a judgment on Monday, held that the suit was without merit. He ordered El-Rufai to pay N200,000 as 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 and Minister of Justice (AGF).
The court held that the letters inviting El-Rufai to appear for investigation over allegations against him met constitutional requirements and did not infringe his fundamental rights.
Justice Oriji said neither the EFCC nor the ICPC violated the applicant’s rights by inviting him to clarify issues raised against him.
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On whether the DSS, the third respondent, violated El-Rufai’s rights by attempting to arrest him at Nnamdi Azikiwe International Airport, Abuja, the court upheld the agency’s argument that it has a statutory mandate to place persons on a watchlist and arrest persons of interest.
The judge held that the applicant could not use the court to stop the agencies from performing their duties.
He also rejected El-Rufai’s argument that the attempted arrest was unlawful for lack of a warrant, ruling that the DSS has the powers of the police under its enabling instrument and the National Security Agency (NSA) Act.
On the seizure of the applicant’s international passport, the court said it was satisfied that the DSS acted lawfully and within its powers. It added that El-Rufai failed to produce evidence that the seizure was continuous, permanent and unlawful.
The court accordingly dismissed the entire suit.
