Court dismisses El-rufai’s ₦120m suit against DSS, EFCC, ICPC

A High Court of the Federal Capital Territory (FCT) has dismissed a ₦120 million fundamental rights enforcement suit filed by former Kaduna State Governor Nasir el-Rufai against the Department of State Services (DSS) and three other respondents over alleged telephone wiretapping.

Justice Sylvanus Oriji dismissed the suit on Monday, ruling that it lacked merit.

The court also ordered el-Rufai to pay ₦200,000 in costs to each of the four respondents: the DSS, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Attorney-General of the Federation.

In his judgment, Oriji held that invitation letters issued to el-Rufai by the EFCC and ICPC to answer questions over allegations against him did not violate his fundamental rights.

The judge said the agencies acted within their statutory powers by inviting the former governor to provide information on the matters under investigation.

On the DSS’s attempted arrest of el-Rufai at the Nnamdi Azikiwe International Airport in Abuja, the court upheld the agency’s position that it had the legal authority to place persons of interest on its watchlist and arrest them where necessary.

Oriji also rejected el-Rufai’s argument that the attempted arrest was unlawful because the agency did not have an arrest warrant.

The judge held that the DSS acted within the legal framework governing its operations, including the National Security Agencies Act.

He further ruled that el-Rufai could not use the judicial process to prevent security and anti-corruption agencies from carrying out their statutory responsibilities.

On the seizure of the former governor’s international passport by the DSS, Oriji said the court was satisfied that the action was lawful and within the agency’s powers.

The judge added that el-Rufai had failed to provide evidence showing that the seizure was continuous, permanent and unlawful.

The court subsequently dismissed the suit in its entirety and awarded ₦200,000 in costs to each of the four respondents.

Meanwhile, el-Rufai is standing trial on a five-count amended charge filed by the DSS over allegations that he unlawfully intercepted telephone conversations linked to National Security Adviser Nuhu Ribadu.

In February 2026, during an interview on Prime Time, an Arise Television programme, el-Rufai claimed that “someone wiretapped” Ribadu’s phone, enabling him to listen to the NSA allegedly instructing security operatives to arrest him.