A High Court of the Federal Capital Territory has dismissed a ₦120 million fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against several federal agencies, ruling that the case lacked merit.
The judgment was delivered on Monday by Justice Sylvanus Orji, who held that the invitations issued to El-Rufai by the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) complied with constitutional requirements and did not infringe on his fundamental rights.
El-Rufai had instituted the suit against the EFCC, the Department of State Services (DSS), the ICPC and the Attorney-General of the Federation over alleged violations of his rights.
The former governor’s complaints included an alleged attempted arrest at the Nnamdi Azikiwe International Airport in Abuja and the seizure of his international passport by the DSS.
In dismissing the case, the court rejected the argument that the invitations issued by the anti-corruption agencies constituted a violation of El-Rufai’s constitutional rights.
The judge also considered the legal powers of the DSS in relation to its security responsibilities, including its authority to maintain watchlists and arrest persons of interest under applicable laws.
The court subsequently awarded ₦200,000 in costs to the respondents identified in the judgment reports.
The ruling represents a setback for El-Rufai in his attempt to obtain judicial relief over the actions he challenged. It also underscores the distinction between an agency’s power to invite a person for investigation and the question of whether a particular action violates constitutional protections.
However, the dismissal of the suit should not, by itself, be interpreted as a determination of the merits of any separate allegations that may be under investigation.
The case comes amid continuing scrutiny of the activities of anti-corruption and security agencies, as questions about due process, investigative powers and the protection of fundamental rights remain important issues in Nigeria’s legal system.