The High Court of the Federal Capital Territory has dismissed a N120M fundamental rights suit instituted by a former Governor of Kaduna State, Nasir Ahmad El-Rufai, against the Department of State Services (DSS) and three others.
Justice Sylvanus Oriji, in a judgment on Monday, threw out the suit for lacking merit, while awarding N200,000 as costs to each of the respondents to be paid to them by the former Governor.
The Court held that the letters of invitation by the two federal government agencies to El-Rufai to appear for investigation over allegations against him met constitutional requirement and did not in anyway constitute infringement on his fundamental rights
Justice Oriji specifically held that both the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC) did not violate the applicant’s rights.
On whether the attempt to arrest the applicant at Nnamdi Azikiwe Airport, Abuja by the DSS violated his rights, the Court upheld the DSS submission that it had statutory mandate to maintain watchlist action and arrest persons of interest.
The ourt further held El-Rufai cannot use the court to stop the agencies from performing their duties.
Justice Oriji discountenanced El-Rufai’s argument that there was no warrant for his attempted arrest and ruled that DSS had inherent powers of the police pursuant to SSS instrument and NSA Act.
On whether the seizure of the applicant’s international passport by the DSS was a violation of his rights, the Court held that it was satisfied that the seizure was lawful and pursuant to the powers of the DSS and thus the applicant had failed to adduce evidence showing that the seizure was continuous, permanent and unlawful.
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(Editor: Anoyoyo Ogiagboviogie)
