A High Court of the Federal Capital Territory (FCT), has dismissed a N120 million fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against the State Security Services (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 (AGF).
The court, presided over by a judge, Sylvanus Orji, on Monday, held that the suit lacked merit and awarded N200,000 each in costs to the SSS, EFCC and ICPC, amounting to N600,000.
El-Rufai had approached the court over alleged violations of his fundamental rights in connection with the actions of the security and anti-corruption agencies, including invitation letters issued by the EFCC and ICPC, an attempted arrest at the Nnamdi Azikiwe International Airport in Abuja, and the seizure of his international passport by the SSS.
Delivering judgment, the judge held that the invitation letters issued by the EFCC and ICPC complied with constitutional requirements and did not violate the former governor’s rights.
On the attempted arrest at the Abuja airport, the judge ruled that the SSS had powers to carry out the action, citing its statutory framework and the National Security Agencies Act.
The court also held that the SSS was empowered to maintain watchlists and arrest persons of interest in the discharge of its duties. It added that El-Rufai could not use the court to prevent the agencies from performing their lawful functions.
On the seizure of his international passport, Orji held that the action was lawful under the powers of the SSS. The judge further ruled that El-Rufai had failed to establish that the seizure was continuing, permanent and unlawful.
The court consequently dismissed the suit.
The ICIR reports that El-Rufai is currently standing trial for alleged corruption when he served as Kaduna governor. He is also facing another court for cyberstalking. He was sued by the Nigerian government after he confessed during an interview on Arise Television that the phone of the National Security Adviser (NSA), Nuhu Ribadu had been tapped, enabling him (El-Rufai) to listen to a conversation in which the NSA allegedly ordered for his arrest.
The former governor alleged that security operatives attempted to detain him at the Nnamdi Azikiwe International Airport at the instance of anti-corruption authorities, describing the move as an abduction attempt.
When asked how he became aware of the alleged directive, El-Rufai added that the government thought that it’s the only one that monitored calls. “Someone tapped his phone,” he said about how he allegedly got the NSA’s directive to arrest him.
He acknowledged that tapping phone calls without court authorisation was illegal but argued that state agencies routinely monitor communications without judicial approval.
The former governor challenged the legality of the agencies’ conduct, arguing that his fundamental rights had been infringed.
The latest ruling adds to the legal disputes surrounding the former governor and the activities of Nigeria’s security and anti-corruption agencies.
Nanji is an investigative journalist with the ICIR. She has years of experience in reporting and broadcasting human angle stories, gender inequalities, minority stories, and human rights issues. She has documented sexual war crimes in armed conflict, sex for grades in Nigerian Universities, harmful traditional practices and human trafficking.