Court throws out El-Rufai’s fundamental rights suit against DSS, ICPC, EFCC

The High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, on Monday dismissed a fundamental rights enforcement suit filed by detained former Kaduna State Governor, Nasir El-Rufai.

The suit was filed against the Department of State Services (DSS), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), and the Attorney General of the Federation (AGF).

El-Rufai, who governed Kaduna State from 2015 to 2023, had approached the court, accusing the respondents of violating his fundamental rights.

The former governor also served as Minister of the Federal Capital Territory under former President Olusegun Obasanjo’s administration.

He further urged the court to invalidate letters of invitation extended to him by both the ICPC and the EFCC and demanded N120 million in damages from the respondents.

Delivering judgment in the matter, Justice Sylvanus Oriji held that the legal action was without merit and dismissed it.

The court held that the letters of invitation, which requested the former governor to appear before the federal agencies investigating allegations against him, met constitutional requirements and did not infringe his fundamental rights.

The court held that the agencies acted within their mandates by inviting him to shed light on issues raised against him.

Besides, the court declined to declare that the DSS’s attempt to arrest the applicant at Nnamdi Azikiwe Airport amounted to a violation of his rights.

It held that the DSS has a statutory responsibility to maintain a watchlist and to arrest persons of interest.

Justice Oriji held that the former governor could not use the court to stop government agencies from performing their legitimate duties.

The court held that, contrary to El-Rufai’s contention, the agencies did not need a warrant to effect such an arrest.

On whether the confiscation of the applicant’s international passport by the DSS was a violation of his rights, the court said it was satisfied that the seizure was lawful and carried out pursuant to the powers of the DSS.

It held that the applicant failed to adduce evidence to establish that the seizure was continuous, permanent and unlawful.

Consequently, aside from dismissing the case, the court awarded costs of N200,000 against the applicant in favour of each of the four respondents.

It will be recalled that El-Rufai also filed another N1 billion fundamental rights enforcement suit, which is pending before the Federal High Court in Abuja.

Listed as respondents in the suit, marked FHC/ABJ/CS/345/2026, are the ICPC, the AGF and the Inspector-General of Police.

He specifically challenged the legality of the warrant the ICPC relied on to search his Abuja residence.

El-Rufai is praying the court to declare that the search warrant dated February 4, which the Chief Magistrate of the Magistrate’s Court of the FCT signed to authorise the search and seizure of items from his residence, is invalid, null and void.

He also sought a declaration that the search warrant was legally defective for lacking particularity and for “material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.”

Other reliefs he sought include a declaration that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m., executed by agents of the ICPC and the Inspector-General of Police under the invalid warrant, “amounts to a gross violation of the applicant’s fundamental rights to dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.”

The chief magistrate, who was initially listed as the 2nd respondent, was subsequently delisted from the case by the applicant.

All the respondents have since urged the court to dismiss the case as lacking in merit.

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