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Former Governor Nasir El’Rufai has lost a lawsuit filed against the Department of State Services (DSS), the Independent Corrupt Practices and Other Related Offenses Commission (ICPC), the Economic and Financial Crimes Commission (EFCC), and the Attorney General of the Federation.
The governor has dragged the institutions to the Federal Capital Territory (FCT) High Court arguing that they have violated his fundamental rights.
But a court in Maitama, Abuja, on Monday rejected a plea for enforcement of fundamental rights filed by the detained former governor.
The respondents in the lawsuit are DSS, ICPC, EFCC, and AGF.
El-Rufai, who served as governor from 2015 to 2023 and as FCT minister under the administration of former President Olusegun Obasanjo, accused the defendants in the suit of violating his rights.
He further urged the court to quash the letter of invitation given to him by the ICPC and EFCC and demand compensation of N120 million from the defendant.
Judge Sylvanus Oriji in his decision stated that the legal action was baseless and rejected it.
The court ruled that the invitation letter, which asked the former governor to appear before the federal agency investigating the allegations against him, met constitutional requirements and did not violate his fundamental rights.
The court ruled that the agencies acted within their mandate by inviting him to explain the issues raised against him.
Additionally, the court refused to declare that DSS’s attempt to arrest the applicant at Nnamdi Azikiwe Airport constituted a violation of his rights.
The agreement states that DSS has the legal responsibility to maintain watch lists and arrest persons of interest.
Justice Oriji stated that the former governor cannot use the courts to stop government institutions from carrying out their lawful duties.
The court ruled that, contrary to El-Rufai’s opinion, the agency did not need a warrant to make the arrest.
Regarding whether the confiscation of the applicant’s international passport by the DSS constituted a violation of his rights, the court stated that the confiscation was lawful and carried out in accordance with the authority of the DSS.
It was determined that the applicant failed to provide evidence proving that the confiscation was continuous, permanent and unlawful.
As a result, apart from dismissing the case, the court also awarded costs of N200,000 to the applicant in favor of each of the four respondents.
It would be recalled that El-Rufai also filed another N1 billion human rights enforcement suit, which is still pending at the Federal High Court in Abuja.
Listed as respondents in the lawsuit marked FHC/ABJ/CS/345/2026 are ICPC, AGF and Inspector General of Police.
He specifically challenged the validity of the warrant the ICPC used to search his residence in Abuja.
El-Rufai prayed the court to declare the search warrant dated February 4, signed by the Chief Magistrate Court of the FCT to authorize the search and seizure of items from his residence, invalid, null and void.
He also requested a declaration that the search warrant was legally flawed due to its lack of specificity and “misrepresentation of material, ambiguity in implementation parameters, overbroadness, and lack of probable cause, thereby constituting an unlawful and unreasonable search and violating Article 37 of the Constitution.”
Other relief he sought included a declaration that the raid and search of his residence at House 12, Mampilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m., carried out by ICPC agents and the Inspector General of Police pursuant to an unlawful warrant, “constitutes a grave violation of the applicant’s fundamental rights to the dignity of the human person, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.”
The presiding judge, who was initially listed as the 2nd respondent, was later removed from the case list by the applicant.
All respondents have urged the court to dismiss the case as baseless.
