…Awards N800,000 cost against ex-governor
A High Court of the Federal Capital Territory (FCT) has dismissed a N120million fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai against the Department of the State Services (DSS) and three others.
The others are 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 a judgment yesterday, Justice Sylvanus Oriji held that the suit lacked merit because none of the respondents violated El-rufai’s rights as he claimed.
Justice Oriji awarded N200,000 as cost to each of the respondents to be paid by El-rufai.
Justice Joyce Abdulmalik of the Federal High Court, Abuja, in a judgment on October 8 dismissed another fundamental rights suit El-Rufai filed, in which he had sought to restrain the EFCC, ICPC, the DSS and the AGF from freezing his bank accounts or seizing his properties.
In a judgment on Monday, Justice Oriji held that the letters of invitation by the EFCC and ICPC to El-rufai to appear for investigation over allegations against him met constitutional requirements and did not in any way constitute infringement on his fundamental rights;
He said 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.
Justice Oriji held that the attempt by operatives of the DSS to arrest El-rufai at Nnamdi Azikiwe International Airport, Abuja did not in any any way violate his rights.
The judge upheld the DSS argument that it has statutory mandate to maintain watchlist on and arrest persons of interest.
He further held the ex-governor could not use the court to stop the agencies from performing their duties.
Justice Oriji rejected El-rufai’s argument that there was no warrant for his attempted arrest and ruled that DSS has inherent powers of the police.
The judge held that the seizure of the ex-governor’s international passport by the DSS was not a violation of his rights.
Justice Oriji also held that he was satisfied that the seizure was lawful and pursuant to the powers of the DSS and thus the applicant failed to produce evidence, showing that the seizure was continuous, permanent and unlawful.
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