Alleged Wiretapping: El-Rufai Loses N120m Right Enforcement Suit Against DSS, Others 

Alex Enumah in Abuja 

A High Court of the Federal Capital Territory (FCT) on Monday, dismissed the fundamental rights suit filed by a former governor of Kaduna State, Nasir El-Rufai, against the Department of the State Service (DSS) and three others. 

Justice Sylvanus Oriji, in a judgment, dismissed the suit for being incompetent and lacking in merit.

Meanwhile, the court has awarded N200,000 cost of litigation in favour of each of the respondents.

The former governor and chieftain of the African Democratic Congress (ADC) had sued the DSS, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC) and the Attorney-General of the Federation (AGF) to court over alleged breach of his fundamental rights.

El-Rufai has been in custody of the security agencies since his arrest in February this year, for allegedly tapping the phone lines of the National Security Adviser (NSA), Nuhu Ribadu.

Delivering judgment in the suit on Monday, trial judge, Justice Oriji, however dismissed the suit on the grounds, among others, 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.

According to the judge, 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. 

On whether the attempt to arrest the applicant at the Nnamdi Azikiwe Airport, Abuja by the DSS (third 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 El-Rufai cannot use the court to stop the agencies from performing their duties.

Justice Oriji discountenanced El-Rufai’s argument that there was no warrant for his attempted arrest and ruled 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. 

While dismissing the entire suit for lacking in merit the court awarded N200,000 to each of the four respondents.