A High Court of the Federal Capital Territory (FCT) has dismissed a N120 million fundamental rights suit filed by a former governor of Kaduna state, Mallam Nasir El-Rufai against the Department of the State Service (DSS) and three others.
The trial judge, Justice Sylvanus Oriji, in a judgment on Monday, dismissed the suit for lacking in merit and substance.
The judge, who awarded N200, 000 as cost to each of the respondents to be paid to them by the former governor, 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.
Specifically, Justice Oriji 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 with the letters inviting him to shed light on issues raised against him.
On whether the attempt to arrest the applicant at the 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 court further held that, El-Rufai cannot use the court to stop the agencies from performing their duties and discountenanced El-Rufai’s argument that there was no warrant for his attempted arrest ruling 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.
END
Comments