“El-Rufai Cannot Use Court To Stop Agencies From Doing Their Duties” — Judge Rules

bY TAIBAT UMMI Yakubu 

A legal battle former Kaduna State Governor Nasir El-Rufai hoped would protect him from alleged rights violations has ended in defeat, with a Federal Capital Territory High Court ruling that security and anti-corruption agencies acted within their lawful powers in inviting him for investigation and attempting to arrest him.

Justice Sylvanus Oriji, who delivered the judgment on Monday, dismissed El-Rufai’s ₦120 million fundamental rights suit against the Department of State Services (DSS) and three other respondents, declaring that the case lacked merit and substance.

Beyond the dismissal, the ruling carries a significant message for public officials facing investigations: challenging the actions of law enforcement agencies in court does not automatically prevent those agencies from carrying out their statutory responsibilities.

The judge held that the invitation letters issued to El-Rufai by the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) did not violate his fundamental rights. According to the court, the agencies were acting within the law by asking him to respond to issues raised against him.

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The court also rejected his challenge to an attempted arrest by the DSS at Nnamdi Azikiwe International Airport, Abuja. It upheld the agency’s argument that it had the statutory authority to maintain watchlists and take action against individuals considered persons of interest.

Justice Oriji further dismissed El-Rufai’s argument that the attempted arrest was unlawful because no warrant had been presented. The judge held that the DSS possessed relevant powers under its governing legal framework, including the State Security Service instrument and the National Security Agencies Act.

The dispute also extended to El-Rufai’s passport, which he alleged had been seized in violation of his fundamental rights. However, the court found that the seizure was lawful, noting that he had not provided sufficient evidence to establish that the action was continuous, permanent and unlawful.

In dismissing the suit in its entirety, the court ordered El-Rufai to pay ₦200,000 in costs to each of the four respondents: the DSS, the EFCC, the ICPC and the Attorney-General of the Federation and Minister of Justice.

The ruling represents a setback for the former governor, whose legal action sought to challenge the conduct of the agencies involved. It also reinforces the distinction between a person's right to seek judicial protection and the statutory authority of law enforcement bodies to investigate allegations and perform their duties.

However, the judgment does not, by itself, establish the truth or otherwise of the allegations that prompted the agencies' interest in El-Rufai. Rather, the court's decision centred on whether the actions challenged in his suit amounted to violations of his fundamental rights.