Court dismisses El-Rufai’s rights suit against DSS in alleged wiretapping case

A High Court of the Federal Capital Territory, on Monday, dismissed a N120m fundamental rights suit instituted by a former governor of Kaduna state, Nasir El-Rufai, against the Department of the State Services (DSS) and three others.

The court, in a judgment, dismissed the suit over what it described as “lack of merit and substance” and awarded N200,000 as cost to each of the respondents to be paid to them by the former governor.

Those joined in the suit apart from the DSS include: the Economic and Financial Crimes Commission (EFCC), Attorney-General of the Federation as well as the Independent Corrupt Practices and other related offences Commission (ICPC).

Daily Trust reports that El-Rufai, who has been in the custody of security operatives for months, slammed a fundamental rights suit of the respondents, arguing that his rights were trampled upon.

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But Justice Sylvanus Oriji of the High Court of the FCT 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

The judge noted that it did not in anyway constitute infringement on his fundamental rights, adding that both the EFCC and ICPC did not violate the applicant’s rights with the letters inviting him to shed light on issues raised against him.

On whether the attempt to arrest the applicant at Nnamdi Azikiwe Airport, Abuja, by the DSS (3rd respondent) 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 that 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.

While dismissing the entire suit for lack of merit, the Court awarded N200, 000 to each of the four respondents, including the Attorney General of the Federation and Minister of Justice (AGF).