Court Dismisses El-Rufai’s N120m Rights Suit Over Alleged W!retapping, Awards DSS, Others N200,000 Each
Court Dismisses El-Rufai’s N120m Rights Suit Over Alleged Wiretapping, Awards DSS, Others N200,000 Each
The court dismissed the suit for lacking merit and awarded N200,000 each in favour of the DSS, EFCC and ICPC.
AHigh Court of the Federal Capital Territory (FCT) on Monday dismissed a N120 million fundamental rights enforcement suit filed 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 (AGF).
The court dismissed the suit for lacking merit and awarded N200,000 each in favour of the DSS, EFCC and ICPC.
Delivering the judgment, Justice Sylvanus Orji held that the invitation letters issued to El-Rufai by the EFCC and ICPC met constitutional requirements and did not violate his fundamental rights.
El-Rufai had challenged the actions of the agencies, including an attempted arrest by the DSS at the Nnamdi Azikiwe International Airport in Abuja and the seizure of his international passport.
On the attempted arrest, the judge rejected El-Rufai’s argument that the DSS lacked a warrant, ruling that the service possessed police powers under the instrument establishing it and the National Security Agencies Act.
The court further held that the DSS had the authority to maintain watchlists and arrest persons of interest, adding that El-Rufai could not use the court to prevent security agencies from performing their statutory duties.
On the seizure of his international passport, Justice Orji held that the action was lawful and within the DSS’s powers.
The judge said El-Rufai had failed to establish that the seizure was continuous, permanent and unlawful, and therefore had not demonstrated a violation of his fundamental rights.
The judgment marks another legal setback for the former governor in his suit challenging the actions of the security and anti-corruption agencies.
The court’s dismissal means El-Rufai’s N120 million claim against the respondents has failed.
