Justice Sylvanus Oriji of the Federal Capital Territory High Court has dismissed a ₦120 million fundamental rights suit filed by former Kaduna State governor Nasir El-Rufai against the Department of State Services (DSS) and three other respondents.

In his judgment, Justice Oriji dismissed the suit for lacking merit and substance as constituted by the plaintiff. The court also awarded ₦200,000 in costs to each of the respondents, to be paid by the former governor.

The court held that the invitation letters sent to El-Rufai by the two federal agencies, asking him to appear for investigation over allegations against him, met constitutional requirements and did not constitute any infringement on his fundamental rights. Specifically, Justice Oriji said neither the Economic and Financial Crimes Commission (EFCC) nor the Independent Corrupt Practices and Other Related Offences Commission (ICPC) violated the applicant’s rights by inviting him to clarify issues raised against him.

On whether the DSS’s attempt to arrest the applicant at Nnamdi Azikiwe Airport in Abuja violated his rights, the court upheld the DSS’s submission that it has a statutory mandate to maintain watchlist action and arrest persons of interest. The court further held that El-Rufai cannot use the court to stop the agencies from performing their duties.

Justice Oriji dismissed El-Rufai’s argument that there was no warrant for his attempted arrest, ruling that the DSS has inherent police powers under the SSS instrument and the NSA Act.

Regarding the seizure of the applicant’s passport by the DSS, the court held that it was satisfied the seizure was lawful and within the DSS’s powers, and that the applicant had failed to provide evidence showing the seizure was continuous, permanent, and unlawful.