El-Rufai suffers setback, loses N120m rights enforcement suit against DSS, EFCC, ICPC, AGF

The former governor of Kaduna State, Mala Nasir El-Rufai’s N120 million fundamental rights enforcement suit instituted against the Department of State Services, the Economic and Financial Crimes Commission, EFCC and the Attorney-General of the Federation failed before the Justice Sylvanus Oriji of the High Court of the Federal Capital Territory, Abuja on Monday.

The suit was thrown out for lack of merit and substance and awarded N200,000 as cost to be paid by El-Rufai to each of the respondents

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The Court ruled that letters of invitation sent to the former governor of Kaduna State for investigation met the constitutional requirements of the agencies and did not infringe on his fundamental human rights.

Nowhere were the anti-graft agencies, ie the ICPC, and EFCC violated the applicant’s right with the letters inviting him to shed light on issues raised against him, Justice Oriji said.

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On whether the attempt to arrest the applicant at the Nnamdi Azikiwe International Airport, Abuja, by the DSS (3rd respondent) violated his rights, the court upheld the security agency’s submission that it had statutory mandate to maintain watchlist action and arrest persons of interest.

The Court said El-Rufai cannot use it to stop the agencies from discharging their statutory responsibilities.

Justice Oriji faulted El-Rufai’s argument that there was no warrant for his attempted arrest and ruled that the DSS had inherent powers of the police pursuant to SSS instrument and the NSA Act.

The Court also held that it was satisfied that El-Rufai’s international passport was seized by security agents and the seizure didn’t constitute a violation of his rights.

While dismissing the entire suit for lacking in merit, the court awarded N200,000 to each of the four respondents including the Attorney General of the Federation, AGF, and Minister of Justice.

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