By Ruth Eke
A High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has dismissed a fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, over alleged violations of his rights.
El-Rufai had sued 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), demanding N120 million in damages.
The former governor also asked the court to invalidate invitation letters issued to him by the ICPC and EFCC in connection with investigations involving him.
Delivering judgment on Monday, Justice Sylvanus Oriji held that the suit lacked merit and dismissed it.
The judge ruled that the invitation letters issued by the two agencies were constitutional and did not violate El-Rufai’s fundamental rights.
According to the court, the agencies acted within their statutory powers by inviting the former governor to respond to issues raised against him.
The court also rejected his claim that the DSS violated his rights by attempting to arrest him at the Nnamdi Azikiwe International Airport, Abuja.
Justice Oriji held that the DSS had the statutory responsibility to maintain a watchlist and arrest persons of interest.
The judge further ruled that El-Rufai could not use the court to prevent government agencies from carrying out their lawful duties, adding that a warrant was not required for the arrest in the circumstances of the case.
On the seizure of his international passport by the DSS, the court held that the action was lawful and within the agency’s powers.
It added that El-Rufai failed to provide sufficient evidence to establish that the seizure was continuous, permanent and unlawful.
Consequently, the court awarded N200,000 in costs against the former governor in favour of each of the four respondents.
Meanwhile, El-Rufai has another N1 billion fundamental rights enforcement suit pending before the Federal High Court in Abuja.
The suit, marked FHC/ABJ/CS/345/2026, was filed against the ICPC, the Attorney-General of the Federation and the Inspector-General of Police.
In the case, the former governor is challenging the validity of a search warrant issued by a Chief Magistrate of the FCT on February 4, which authorised the search of his Abuja residence and the seizure of items.
El-Rufai is asking the court to declare the warrant invalid, null and void, alleging that it contained drafting errors, ambiguity and other defects that made it unlawful.
He also challenged the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19, alleging that the operation violated his fundamental rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.
The Chief Magistrate, initially listed as the second respondent, was subsequently removed from the suit at the applicant’s request.
The respondents have urged the Federal High Court to dismiss the case for lacking merit.
