A Federal High Court sitting in Abuja has dealt a major legal blow to the former Governor of Kaduna State, Malam Nasir El-Rufai, dismissing his N10 billion fundamental human rights suit against the Department of State Services (DSS) and ordering him to report to the agency’s headquarters to sign a security register every month.
The landmark judgment, delivered on Monday by presiding Justice Binta Nyako, concludes a fierce months-long legal battle over alleged state surveillance, freedom of movement, and the boundaries of national security. The court held that the continuous monitoring of the former governor by the secret service did not constitute a breach of his constitutional rights, given the “weighty security intelligence” brought forward by the respondent.
The N10 Billion Suit Dismissed
Malam El-Rufai had approached the court through his legal team led by Abdulhakeem Mustapha, SAN, seeking an order to restrain the DSS and the Attorney General of the Federation (AGF) from further tracking his movements, tapping his communication lines, or subjecting him to “persistent psychological harassment.”
The former governor had claimed N10 billion in exemplary damages, arguing that the security agency’s constant surveillance since he left office in 2023 had violated Section 35 (Right to Personal Liberty) and Section 41 (Right to Freedom of Movement) of the 1999 Constitution (as amended).
However, in a well-considered judgment that lasted over an hour, Justice Nyako ruled that fundamental rights are not absolute when balanced against national stability.
“The applicant is a statesman and a former chief security officer of a state that has been a flashpoint for internal security challenges,” Justice Nyako stated. “Where the state establishes a prima facie nexus between an individual’s activities and broader state security, the court cannot tie the hands of statutory investigative bodies. The suit is hereby dismissed for lacking in merit.”
The Monthly Reporting Mandate
In a surprising twist that went beyond the mere dismissal of the suit, the court granted a counter-prayer submitted by the counsel to the DSS. The judge ordered Malam El-Rufai to present himself at the DSS headquarters in Abuja—or any designated state command—on the first working day of every calendar month to sign a mandatory security register.
The order is to remain in effect pending the completion of an ongoing, classified investigation into alleged security infractions. Legal practitioners present in the courtroom described the condition as “highly unusual for a former governor,” comparing it to administrative bail conditions typically meted out to high-profile criminal suspects.
Security Report and Executive Backlash
Sources within the legal team of the DSS revealed that the agency had filed a comprehensive, counter-affidavit containing “high-grade intelligence reports” that justified their interest in the former governor’s local and international itineraries.
While the exact details of the security report remain classified, insiders hint that the investigation spans certain utterances made during political transitions, alleged unauthorized cross-border engagements, and associations that the state deems “counter-productive to ongoing counter-terrorism operations in the North-West.”
Reacting swiftly after the court rose, counsel to El-Rufai, Abdulhakeem Mustapha, SAN, expressed profound dissatisfaction with the verdict, signaling an immediate transition to the Court of Appeal.
“We respect the lordship’s position, but this judgment turns the concept of fundamental human rights on its head,” Mustapha told journalists outside the courtroom. “An order requiring a citizen who has not been charged with any crime to sign a ledger at a secret service office monthly is an overreach. We will definitely test this at the appellate court.”
