A High Court of the Federal Capital Territory (FCT), Maitama, Abuja, has dismissed a N120 million fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against four federal agencies.
The court also ordered El-Rufai to pay a total of N800,000 in costs to 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.
Justice Sylvanus Oriji, who delivered judgment on Monday, held that the suit lacked merit and rejected the former governor’s claims that the agencies had violated his fundamental rights.
El-Rufai had asked the court to invalidate invitation letters issued to him by the EFCC and ICPC in connection with investigations involving him. He also sought N120 million in damages against the respondents.
However, Justice Oriji ruled that the invitation letters met constitutional requirements and did not constitute a violation of his rights.
The judge held that the agencies acted within their statutory mandates by requesting his appearance to clarify issues arising from their investigations.
The court also rejected El-Rufai’s argument that an alleged attempt by the DSS to arrest him at the Nnamdi Azikiwe International Airport, Abuja, infringed on his fundamental rights.
According to the court, the DSS has statutory powers to maintain a watchlist and arrest persons of interest as part of its responsibilities.
Justice Oriji further held that El-Rufai could not rely on the court to prevent government agencies from performing their lawful duties. The judge also ruled that the agencies did not require a warrant to carry out the arrest in the circumstances before the court.
On the seizure of the former governor’s international passport, the court held that the DSS acted within its lawful powers.
It added that El-Rufai failed to present sufficient evidence to establish that the seizure was continuing, permanent and unlawful.
Following the dismissal, the court awarded N200,000 in costs to each of the four respondents, bringing the total to N800,000.
N1bn suit over Abuja residence search
The judgment comes as El-Rufai pursues a separate N1 billion fundamental rights enforcement suit before the Federal High Court in Abuja.
The case, marked FHC/ABJ/CS/345/2026, names the ICPC, the Attorney General of the Federation and the Inspector-General of Police as respondents.
In the suit, the former governor is challenging the validity of a search warrant dated February 4, which was signed by a chief magistrate of the FCT and used to authorise a search of his Abuja residence.
El-Rufai wants the court to declare the warrant null and void, alleging that it contains material drafting errors, lacks sufficient particulars, has ambiguous execution parameters and is overly broad, with no probable cause.
He argued that the alleged defects rendered the warrant an unlawful and unreasonable basis for the search, contrary to Section 37 of the Constitution, which protects the right to privacy.
The former governor is also seeking a declaration that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2pm, violated his fundamental rights.
He alleged that operatives of the ICPC and the Inspector-General of Police carried out the operation under the disputed warrant, infringing on his rights to dignity, 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 in the case but was subsequently removed from the suit at El-Rufai’s request.
The remaining respondents have urged the Federal High Court to dismiss the N1 billion action for lacking merit.
The separate suit is still pending before the court.
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