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Court Dismisses El-Rufai's ₦120m Fundamental Rights Suit Against DSS, EFCC

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A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has dismissed in its entirety the ₦120 million fundamental rights enforcement suit filed by former Kaduna State Governor, Mallam Nasir El-Rufai, against four major federal institutions.

Delivering judgment on Monday, October 19, 2026, presiding judge Justice Sylvanus Oriji held that the suit lacked merit and substance, ruling that El-Rufai completely failed to establish that the actions of the security and anti-corruption agencies infringed upon his constitutionally guaranteed rights.

The court subsequently ordered the former governor to pay ₦200,000 in costs to each of the four respondents—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).

El-Rufai had instituted the fundamental rights suit seeking ₦120 million in damages following invitation letters from anti-graft bodies, an attempted arrest by DSS operatives at the Nnamdi Azikiwe International Airport in Abuja, and the temporary seizure of his international passport.

In a detailed ruling, Justice Oriji systematically dismissed each ground of the application:

The court held that invitation letters issued by the EFCC and ICPC asking El-Rufai to appear for questioning were executed within their lawful mandates and complied with constitutional requirements.

Addressing the attempted airport arrest, the judge upheld the DSS’s statutory powers under the National Security Agencies Act to maintain watchlists and detain persons of interest without court injunctions frustrating their duties.

The court ruled that the DSS acted within its lawful authority during the passport seizure and noted that El-Rufai failed to provide evidence showing the detention of his travel document was unlawful or permanent.

Justice Oriji emphasized that fundamental human rights provisions under Chapter IV of the 1999 Constitution were designed to protect citizens from executive lawlessness, not to serve as an umbrella shield preventing law enforcement agencies from performing their statutory duties.

The verdict marks a significant legal setback for the former governor as federal anti-corruption and security agencies continue their statutory inquiries.

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