The FCT High Court in Maitama, Abuja, has dismissed former Kaduna State Governor Nasir El-Rufai’s ₦120 million fundamental rights suit against the State Security Service (SSS), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation.
Justice Sylvanus Oriji ruled on Monday that the suit lacked merit.
He also ordered El-Rufai to pay ₦200,000 in costs to each of the four respondents, bringing the total to ₦800,000.
El-Rufai had accused the security agencies of violating his fundamental rights by seizing his passport and attempting to arrest him at the Nnamdi Azikiwe International Airport in Abuja on February 12, following his arrival from Cairo, Egypt.
However, Justice Oriji held that the SSS acted within its powers in placing persons of interest on its watchlist and arresting them where necessary. He also ruled that the seizure of El-Rufai’s passport was lawful.
The judge rejected the former governor’s argument that the attempted arrest was unlawful because the operatives did not have a warrant.
He further held that the invitation letters issued by the EFCC and ICPC did not violate El-Rufai’s rights, noting that the agencies were acting within their statutory responsibilities to obtain information from him during their investigations.
The judge said El-Rufai could not use the court to prevent the agencies from carrying out their lawful duties.
DDM reports that the SSS operatives attempted to arrest El-Rufai at the Abuja airport on February 12 but were unsuccessful. They seized his passport during the incident.
The following day, El-Rufai alleged during an interview on Arise Television’s Prime Time that National Security Adviser Nuhu Ribadu had ordered the attempted arrest.
He claimed to have heard a wiretapped phone conversation in which Ribadu instructed security operatives to arrest him.
One of El-Rufai’s lawyers, Ubong Akpan, condemned the incident and linked it to an EFCC invitation. He said his law firm had informed the commission that El-Rufai would honour the invitation on February 16.
The former governor was subsequently detained after honouring the invitation, released two days later and rearrested by the SSS, which handed him over to the ICPC.
He remains in ICPC custody under a court order connected to ongoing corruption proceedings in Kaduna. The commission is prosecuting him in two separate cases involving allegations of money laundering and abuse of office during his tenure as governor.
The SSS is also prosecuting him before the Federal High Court in Abuja over his claims concerning the alleged wiretapping of Ribadu’s phone call.
Other pending lawsuits
Monday’s ruling came about 11 days after the Federal High Court in Abuja dismissed another fundamental rights suit filed by El-Rufai. In that case, he sought to restrain the EFCC, ICPC, SSS and Attorney-General of the Federation from freezing his bank accounts or seizing his properties.
Justice Joyce Abdulmalik dismissed the suit on October 8.
El-Rufai also filed a ₦1 billion suit in February against the ICPC and other defendants over an alleged violation of his rights during a search of his Abuja residence on February 19.
He asked the court to invalidate a search warrant issued on February 4 and prevent the respondents from using any evidence seized during the operation.
He argued that the search violated his rights to dignity, personal liberty, fair hearing and privacy.
The ICPC opposed the suit, maintaining that it acted on a petition and within its statutory powers to investigate, arrest and prosecute alleged offenders.
The police also stated that the search was conducted under a warrant issued by a competent court.
In August, El-Rufai filed another suit seeking ₦10 billion in damages from the ICPC, alleging that the commission prevented him from seeing his wife, Aichatou Asabe, and son, Abba El-Rufai, while they were in custody.
The latest judgment adds to the former governor’s ongoing legal battles as the ICPC pursues two corruption cases against him in Kaduna, while the SSS handles the separate phone-tapping case in Abuja.
