Former Kaduna State Governor, Malam Nasir El-Rufai, suffered another crushing legal defeat on Monday as a High Court of the Federal Capital Territory dismissed his N120 million fundamental rights enforcement suit against four federal authorities.
Court Throws Out Ex-Governor’s Case
Justice Sylvanus Oriji, delivering judgment, held that the suit filed against the Department of State Services (DSS), 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) was completely lacking in merit.
The court ruled that none of the respondents violated El-Rufai’s fundamental rights as he claimed, and consequently awarded a cost of N200,000 in favour of each of the four respondents, totaling N800,000 to be paid by the former governor.
This is the second time in less than two weeks that El-Rufai’s rights suit has been thrown out. On October 8, Justice Joyce Abdulmalik of the Federal High Court, Abuja, had dismissed a similar suit in which he sought to restrain the EFCC, ICPC, DSS and AGF from freezing his bank accounts or seizing his properties.
No Rights Violated – Judge
On the EFCC and ICPC invitation letters, Justice Oriji held that both anti-graft agencies acted constitutionally by inviting the former governor to shed light on allegations against him. He said such invitations are routine investigative procedures and do not amount to rights infringement.
On the dramatic attempt by DSS operatives to arrest El-Rufai at the Nnamdi Azikiwe International Airport, Abuja, the judge upheld the secret police’s action. He agreed with the DSS that it has a statutory mandate to maintain a watch list and arrest persons of interest.
The judge dismissed El-Rufai’s argument that the arrest was illegal because no warrant was produced, ruling that the DSS possesses inherent powers of the police and can effect arrest without warrant in such circumstances.
ALSO READ: Court slams El-Rufai, throws out suit to stop asset freeze
Seized Passport Lawful
Justice Oriji also validated the seizure of El-Rufai’s international passport by the DSS, declaring it lawful and within the agency’s powers. He held that the applicant failed to produce any evidence to show that the seizure was continuous, permanent and unlawful.
“You cannot use the court to stop security and anti-corruption agencies from performing their statutory duties,” the judge warned.
The ruling is seen as a major boost for the ongoing corruption probe against the former governor, who is facing investigation over alleged financial infractions during his tenure in Kaduna.
