El-Rufai Loses N120m Rights Violation Suit Against DSS, EFCC, ICPC

A Federal Capital Territory High Court in Maitama, Abuja, has dismissed a fundamental rights suit filed by detained former Kaduna State Governor Nasir El-Rufai against the Department of State Services (DSS), the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Attorney General of the Federation (AGF).

In the suit, El-Rufai sought N120 million in damages, alleging that the respondents violated his fundamental rights. He also asked the court to invalidate invitation letters issued to him by the EFCC and ICPC.

El-Rufai was governor of Kaduna State from 2015 to 2023 and previously served as Minister of the Federal Capital Territory during the administration of former President Olusegun Obasanjo.

In his judgment on Monday, Justice Sylvanus Oriji dismissed the suit, holding that it lacked merit.

The court ruled that the invitation letters issued by the EFCC and ICPC, requesting El-Rufai to appear before the agencies over allegations under investigation, were constitutionally compliant and did not infringe on his rights.

Justice Oriji said the agencies were acting within their statutory powers by inviting the former governor to clarify issues concerning the allegations against him.

The judge equally declined to hold that the DSS’s attempt to arrest El-Rufai at Nnamdi Azikiwe International Airport constituted a violation of his fundamental rights.

According to the court, the DSS is legally empowered to maintain a watchlist and arrest persons of interest. It also ruled that El-Rufai could not rely on the court to prevent government agencies from performing their legitimate functions.

The court further held that the agencies did not need an arrest warrant in the circumstances challenged by the applicant.

Addressing the seizure of El-Rufai’s international passport by the DSS, the judge said the court was satisfied that the action was lawful and fell within the agency’s powers.

He added that El-Rufai failed to present evidence establishing that the seizure was continuous, permanent and unlawful.

The court consequently dismissed the suit and ordered El-Rufai to pay N200,000 in costs to each of the four respondents.

Former governor challenges search warrant in separate N1bn suit

In a related development, El-Rufai has instituted another fundamental rights enforcement suit seeking N1 billion in damages at the Federal High Court in Abuja.

The case, with suit number FHC/ABJ/CS/345/2026, names the ICPC, the Attorney General of the Federation and the Inspector-General of Police as respondents.

The former governor is challenging the validity of a search warrant used by the ICPC to search his Abuja residence and seize items.

He wants the court to declare null and void the warrant dated February 4, which was signed by the Chief Magistrate of the FCT Magistrate’s Court.

El-Rufai contends that the warrant was legally defective because of a lack of particularity, “material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.”

He is also seeking a declaration that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m., by ICPC and police operatives acting under the warrant, “amounts to a gross violation of the applicant’s fundamental rights to dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.”

The Chief Magistrate was initially listed as the second respondent but was later removed from the case at El-Rufai’s request.

The respondents have all asked the Federal High Court to dismiss the suit for lacking merit.

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