The High Court of the Federal Capital Territory has dismissed former Kaduna State Governor Nasir El-Rufai’s ₦120 million fundamental rights suit against security and anti-corruption agencies, rejecting his challenge to investigative invitations, an attempted arrest and the seizure of his passport.
Justice Sylvanus Oriji delivered the judgment on Monday, October 19, and awarded ₦200,000 in costs to each of the four respondents.
The respondents were the Department of State Services, the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission, and the Attorney-General of the Federation.
According to Channels Television, the judge held that the EFCC and ICPC invitations asking El-Rufai to respond to allegations did not infringe his fundamental rights.
The court also upheld the DSS’s position concerning its statutory powers in relation to the attempted arrest at Nnamdi Azikiwe International Airport, Abuja.
El-Rufai’s application arose from his objections to the agencies’ actions, including the seizure of his international passport following his arrival in Nigeria in February.
The court found that he had not supplied evidence establishing that the passport seizure was continuous, permanent and unlawful. The dismissal leaves his compensation claim unsuccessful, with total costs of ₦800,000 awarded against him.
The distinction between this judgment and any criminal proceedings is important. The court determined his fundamental rights application; the dismissal is not a criminal conviction or a finding that every allegation under investigation has been proved.
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