The High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has dismissed a ₦120 million fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against four federal government authorities, ruling that the actions challenged by the former governor did not constitute violations of his constitutional rights.
Delivering judgment on Monday, October 19, 2026, Justice Sylvanus Oriji held that the suit lacked merit and ordered El-Rufai to pay ₦200,000 in legal costs to each of the four respondents, bringing the total award to ₦800,000.
The respondents were 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, who governed Kaduna State between 2015 and 2023, had approached the court seeking declarations that actions taken against him by the security and anti-corruption agencies infringed his fundamental rights.
Among the reliefs sought was an order invalidating invitation letters issued to him by the EFCC and ICPC, which required him to appear before the agencies in connection with investigations into allegations against him.
The former governor also challenged an attempt by DSS operatives to arrest him at the Nnamdi Azikiwe International Airport in Abuja and the seizure of his international passport.
He maintained that the actions were unlawful and sought ₦120 million in damages from the respondents.
However, Justice Oriji rejected the claims, holding that the invitation letters issued by the anti-corruption agencies complied with constitutional requirements and did not amount to an infringement of the applicant's fundamental rights.
The court found that the EFCC and ICPC were acting within their statutory responsibilities by requesting El-Rufai's presence to provide explanations concerning matters under investigation.
On the attempted arrest at the Abuja airport, the judge upheld the DSS's authority to maintain security watchlists and take appropriate action against persons of interest in accordance with its statutory powers.
Justice Oriji rejected the argument that the attempted arrest was necessarily unlawful because the security agency had not obtained a warrant.
The court held that the DSS possessed relevant powers under the legal framework governing the State Security Service and the National Security Agencies Act.
The judge further ruled that El-Rufai could not obtain judicial orders preventing government agencies from performing their legitimate investigative and security responsibilities.
Addressing the seizure of the former governor's international passport, the court found that the DSS had acted within its legal powers.
Justice Oriji held that El-Rufai had failed to present sufficient evidence establishing that the passport seizure was continuous, permanent or unlawful.
Consequently, the court declined to grant the declarations and financial compensation requested by the former governor, dismissing the suit in its entirety.
The judgment also imposed costs of ₦200,000 each in favour of the DSS, EFCC, ICPC and AGF, requiring El-Rufai to pay a combined ₦800,000.
The ruling represents a setback for the former governor's legal challenge to the investigative actions of federal security and anti-corruption agencies. However, the dismissal of the fundamental rights application does not amount to a judicial determination that El-Rufai is guilty of any criminal offence.
The court's findings concerned the legality of the agencies' investigative measures and whether those actions violated the rights claimed by the applicant.
El-Rufai is also pursuing a separate ₦1 billion fundamental rights enforcement suit before the Federal High Court in Abuja, challenging the legality of a search warrant used by the ICPC in an operation at his Abuja residence.
In that separate action, marked FHC/ABJ/CS/345/2026, the former governor is questioning the validity of a warrant dated February 4, 2026, which authorised the search and seizure of items from his property.
He argues that the warrant contained legal defects and that the subsequent search of his residence violated constitutional protections relating to privacy, personal liberty, dignity and fair hearing.
The respondents in that proceeding have opposed his claims, while the matter remains separate from the ₦120 million suit dismissed by Justice Oriji on Monday.
Earlier in October, another Federal High Court judge, Justice Joyce Abdulmalik, dismissed a different action brought by El-Rufai seeking to prevent security and anti-corruption agencies from freezing his bank accounts or seizing his assets.
That ruling concerned a separate legal dispute and should not be confused with the latest judgment of the FCT High Court.
Monday's decision establishes that, in the circumstances presented in the ₦120 million application, the court found no sufficient basis to hold the federal agencies liable for violating El-Rufai's fundamental rights.
The former governor's remaining legal challenges will be determined independently according to the evidence and legal arguments presented in each proceeding.
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