Court Orders SSS to Apologise to El-Rufai for Detaining Him Illegally

Nasir el-Rufai

• Ex-minister  to get N2m as damages

Tobi Soniyi in Abuja

A Federal High Court sitting in Awka, Anambra State, has ordered the State Security Service (SSS) to apologise to former Minister of the Federal Capital Territory (FCT), Nasir el-Rufai, and to pay him N2 million as damages for unlawful detention.

A statement issued by Muyiwa Adekeye, a media aide to el-Rufai, said the former minister was on November 15 and 16, 2013, arrested and detained at the Finotel  Hotel in Awka during the last Anambra state governorship election.

Dissatisfied with his treatment, and believing that the conduct of the SSS had no basis in law, el-Rufai approached the court for redress.

The case with suit no: FHC/AWK/CS/310/13, had the SSS and the Attorney-General of the Federation as respondents.

Delivering judgment yesterday, Justice Ibrahim Bature Gafai held that the SSS had no statutory powers under the Constitution of the Federal Republic of Nigeria 1999 or under any Nigerian law to detain el-Rufai without showing cause to a court of competent jurisdiction.

The judge consequently ordered the SSS to publish an apology in two national dailies for the unlawful and unconstitutional violation of his liberty.

The court further declared that the respondents had no powers under the 1999 Constitution or any Nigerian law to either impose a general restriction on movement or restrict the applicant’s constitutional right of freedom of movement as enshrined in Section 34 of the 1999 Constitution on account of the Anambra State gubernatorial election or any other election.

The judge also restrained the SSS from further interfering with el-Rufai’s enjoyment of his fundamental human rights guaranteed by the constitution.
The court also declared  that the detention el-Rufai,  without charge, at the premises of Finotel Hotel between November 15 and 16, 2013, by the agents of the 1st respondent, (SSS) or officers, servants, privies of the respondents and/or of the federal government constituted a gross violation of his right to personal liberty and freedom of movement respectively guaranteed under sections 35 and 41 of the constitution  and Articles 6 and 12(1) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and was therefore unconstitutional and illegal.

It declared as unlawful the deprivation of el-Rufai  from granting/continued granting of interview with an AIT Correspondence, Mr. Obiorah Iloh and other mass media representatives within the premises of Finotel Hotel, Akwa, Anambra State, at about 2p.m. on November 16, 2013 by agents of the 1st respondent, (SSS) or officers, constituted a gross violation of the applicant’s freedom of expression guaranteed under section 39 of the Constitution and Article 9(2) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and is accordingly unlawful unconstitutional and illegal.

It held that the detention of el-Rufai at the premises of Finotel Hotel, Akwa, Anambra State, without charge, on November 15, 2013 to November 16, 2013, by agents of the 1st respondent, (SSS) with a view to denying him as the Deputy National Secretary and member/Secretary Electoral Committee, of All Progressives Congress Anambra governorship election, 2013, freedom to associates with fellow members of the said APC, at Akwa, Anambra State, was a violation of his right to peaceful assembly and association  guaranteed under section 40 of the 1999 Constitution  and Articles 10(1) and 11 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and was accordingly unconstitutional and illegal.

The court further granted the following reliefs:
I. A declaration  that the restriction and prevention of the applicant from moving out of his room in Finotel Hotel wherein he lodged at Awka to monitor the  November 16, 2013 Anambra State gubernatorial election by the agents of the respondents, officers, servants, agents or privies constitutes a gross violation of the applicant’s constitutional right of freedom of movement as enshrined in section 41 of the 1999 constitution.

• A declaration that the restriction and prevention of the applicant from moving out of his room in Finotel Hotel where he lodged to observe congregation prayers (salat) on  November 16, 2013 by the agents of the respondents, constitutes a gross violation of the applicant’s constitutional right of freedom of religion as enshrined in section 38 of the 1999 Constitution.

• A declaration that the respondents have no powers under the 1999 Constitution (as amended) or under any Nigerian Law to either impose a general restriction on movement or restrict the applicant’s constitutional right of freedom of movement as enshrined in Section 34 of the 1999 Constitution on account of the Anambra State gubernatorial election that took place on  November 16, 2013 or any other election