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El-Rufai Loses ₦120 Million Fundamental Rights Suit Against DSS, EFCC, ICPC
Meta Description: Former Kaduna State Governor Nasir El-Rufai has lost his ₦120 million fundamental rights suit against the DSS, EFCC, ICPC and AGF after an Abuja court ruled that his claims lacked merit.
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El-Rufai Loses ₦120 Million Fundamental Rights Suit Against DSS
Former Kaduna State Governor Nasir Ahmad El-Rufai has lost his ₦120 million fundamental rights enforcement suit against the Department of State Services (DSS) and three other federal government institutions.
Justice Sylvanus Oriji of the High Court of the Federal Capital Territory (FCT), Maitama, Abuja, dismissed the suit on Monday, October 19, 2026, ruling that it lacked merit and substance.
The ruling reinforces the distinction between a lawful investigative invitation and an unlawful infringement of an individual's constitutional rights.
2. Court Upholds DSS Authority Over Attempted Airport Arrest
Another major issue in the case was the DSS's alleged attempt to arrest El-Rufai at Nnamdi Azikiwe International Airport in Abuja following his arrival from Cairo, Egypt, in February 2026.
El-Rufai challenged the attempted arrest, arguing that it was unlawful because it was not backed by an arrest warrant.
However, Justice Oriji rejected that argument, upholding the DSS's position that it had statutory authority to maintain watchlists and take lawful action against persons of interest.
The judge referred to the legal framework governing the DSS, including the National Security Agencies Act and the relevant provisions governing the service's powers.
The court also held that El-Rufai could not use the judicial process to prevent security and law enforcement agencies from performing their lawful statutory responsibilities.
3. Court Rules on Seizure of El-Rufai's International Passport
The seizure of El-Rufai's international passport was another central issue in the fundamental rights suit.
The former governor challenged the action as part of his allegations of rights violations. However, the court held that the seizure was lawful within the circumstances presented before it.
Justice Oriji further ruled that El-Rufai had not provided sufficient evidence to establish that the seizure was continuous, permanent and unlawful.
Consequently, the court rejected this aspect of his claim alongside his other arguments.
How Much Did El-Rufai Lose in the Court Case?
Although El-Rufai sought ₦120 million in damages, the court did not award that amount to him. Instead, it dismissed his suit and ordered him to pay costs to the respondents.
The financial outcome is summarised below:
Amount claimed: ₦120 million.
Court costs awarded to the DSS: ₦200,000.
Court costs awarded to the EFCC: ₦200,000.
Court costs awarded to the ICPC: ₦200,000.
Court costs awarded to the Attorney-General of the Federation: ₦200,000.
Total costs payable by El-Rufai: ₦800,000.
The distinction is important: the ₦120 million was the amount El-Rufai sought as compensation, not a sum the court ordered him to pay. The ₦800,000 represents the total costs awarded against him following the dismissal.
Background to El-Rufai's Legal Dispute With the DSS
The case arose from events surrounding El-Rufai's return to Nigeria in February 2026, when DSS operatives reportedly attempted to arrest him at Nnamdi Azikiwe International Airport in Abuja and seized his international passport.
The incident attracted public attention after El-Rufai alleged that a telephone conversation involving National Security Adviser Nuhu Ribadu had been intercepted. He claimed that the conversation provided information about an instruction to arrest him.
The allegation subsequently became part of a separate legal dispute concerning alleged unlawful interception of telephone communications.
It is important to distinguish that controversy from the ₦120 million fundamental rights suit. The judgment delivered by Justice Oriji concerned the specific rights-enforcement claims brought against the DSS, EFCC, ICPC and the Attorney-General of the Federation.
The dismissal should not, by itself, be interpreted as a final determination of every separate allegation or criminal proceeding involving the former governor.
What the Judgment Means for El-Rufai and Security Agencies
The ruling represents a legal setback for El-Rufai in his attempt to obtain compensation over the actions challenged in this particular suit.
For the respondent agencies, the judgment supports their position that investigative invitations, watchlist-related action and the handling of the passport were lawful in the circumstances considered by the court.
However, the decision should not be interpreted as granting security agencies unlimited powers. The legality of any arrest, detention, search or restriction of movement depends on the applicable law and the facts of each case.
The judgment also highlights the importance of evidence in fundamental rights litigation. A claimant must establish the alleged infringement and demonstrate why the challenged conduct was unlawful under the relevant constitutional and statutory provisions.
Conclusion
The dismissal of Nasir El-Rufai's ₦120 million fundamental rights suit marks another development in the former Kaduna governor's ongoing legal disputes with federal security and anti-corruption agencies.
Justice Sylvanus Oriji ruled that the claims lacked merit, upheld the challenged actions in the circumstances before the court, and ordered El-Rufai to pay ₦800,000 in costs to the four respondents.
The case is significant because it addresses the boundaries between individual constitutional rights and the statutory responsibilities of security and investigative agencies.
Readers should also distinguish this ruling from the separate proceedings concerning alleged telephone interception and other allegations involving the former governor.
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