A high court of the Federal Capital Territory (FCT) on Monday dismissed a N120 million fundamental rights enforcement suit filed by former governor of Kaduna, Nasir el-Rufai, against the Department of State Services (DSS) and three other respondents over alleged wiretapping.
Justice Sylvanus Oriji, the presiding judge, dismissed the suit for lacking in merit.
The court also awarded N200,000 in costs against el-Rufai in favour of each of the four respondents, the DSS, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and attorney-general of the federation (AGF).
In his judgment, Oriji held that the invitation letters issued to el-Rufai by the EFCC and ICPC to appear for questioning over allegations against him did not violate his fundamental rights.
The judge said the agencies acted within their mandate by inviting the former governor to provide information on issues raised against him.
On the attempted arrest of el-Rufai by the DSS at the Nnamdi Azikiwe International Airport in Abuja, the court upheld the agency’s argument that it had the statutory 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 there was no warrant.
The judge held that the DSS had powers to act as the legal framework governing its operations, including the National Security Agencies Act.
The court further ruled that el-Rufai could not use the judicial process to prevent the agencies from performing their statutory duties.
On the seizure of the former governor’s international passport by the DSS, the judge said the court was satisfied that the action was lawful and within the agency’s powers.
Oriji held that el-Rufai had failed to provide evidence showing that the seizure was continuous, permanent and unlawful.
The court consequently dismissed the suit in its entirety for lacking merit and awarded N200,000 in costs to each respondent.
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 Nuhu Ribadu, the national security adviser.
In February 2026, during an interview on ‘Prime Time’, an Arise Television programme, el-Rufai said “someone wiretapped” Ribadu’s phone, allowing him to listen to the NSA instructing security operatives to effect his arrest.
