Federal High Court Dismisses El’Rufai’s Fundamental Rights Suit Against ICPC, DSS, Others For Lacking In Merit

A federal high court in Abuja has dismissed a suit filed by a former governor of Kaduna State, Mallam Nasir el-Rufai, seeking to stop the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Department of State Services (DSS) and other security agencies from freezing his bank accounts or seizing his assets.

The presiding judge, Justice Joyce Abdulmalik, dismissed the suit, saying it is an abuse of court process.

El-Rufai had sued the ICPC, DSS, the Economic and Financial Crimes Commission (EFCC), and the Attorney-General of the federation (AGF), Lateef Fagbemi, SAN, as first to fourth respondents, respectively.

The judge agreed with the respondents that el-Rufai had instituted similar suits before the Federal Capital Territory (FCT) high court and the federal high court.

She also held that a court could not be used to prevent law enforcement agencies from carrying out their statutory duties.

Abdulmalik described el-Rufai’s suit as speculative and lacking in merit.

The judge further held that the suit disclosed no reasonable cause of action against the EFCC, DSS and AGF and consequently struck out their names as respondents.

The suit, marked FHC/ABJ/CS/368/2026, was filed on February 24 by Oluwole Iyamu, SAN.

The embattled former had asked the court to restrain the respondents from taking steps to freeze his bank accounts or seize his assets pending the determination of the substantive suit.

He also sought an interim injunction directing the respondents to maintain the status quo to prevent a fait accompli (an irreversible action).

The former governor argued that his severance pay received after his tenure between 2015 and 2023 could not reasonably be suspected to be proceeds of unlawful activity.

He also asked the court to declare that properties purchased with the severance pay were lawfully acquired and owned by him.

He also sought a perpetual injunction restraining the respondents from freezing, attaching, seizing, forfeiting or otherwise interfering with his properties and bank accounts.

He demanded N1 billion in general, exemplary and aggravated damages, citing the anticipated violation of his fundamental rights, psychological trauma, distress, anxiety and reputational harm allegedly arising from the threat of unlawful forfeiture proceedings.

He further sought N100 million as costs of the action, including legal fees and associated expenses.

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