The High Court of the Federal Capital Territory, Abuja, has dismissed a ₦120 million fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Department of State Services (DSS) and three others.
Naija News reports that Justice Sylvanus Oriji, in a judgment delivered on Monday, struck out the suit as lacking in merit and substance.
The judge also ordered El-Rufai to pay ₦200,000 in costs to each of the four respondents, including the Attorney-General of the Federation and the Minister of Justice.
The court held that letters from the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) inviting the former governor for questioning over allegations against him were constitutional.
Justice Oriji ruled that the invitations, which asked El-Rufai to explain the allegations against him, did not violate his fundamental rights.
On the DSS’s attempt to arrest the former governor at the Nnamdi Azikiwe International Airport, Abuja, the court upheld the agency’s argument that it had the statutory power to place persons of interest on its watchlist and arrest them.
The judge held that El-Rufai could not use the court to stop the agencies from carrying out their lawful duties.
Justice Oriji also rejected the applicant’s argument that the DSS had no warrant for the attempted arrest, ruling that the agency enjoyed the inherent powers of the police under the SSS Instrument and the National Security Agencies Act.
On the seizure of El-Rufai’s international passport by the DSS, the court said it was satisfied that the action was lawful and within the agency’s powers.
The judge added that the former governor failed to present evidence showing the seizure was continuous, permanent, or unlawful.
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