Court compels SSS to beg el-Rufai over unlawful detention

Justice Ibrahim Bature Gafai of the federal high court, Awka, has ordered the State Security Service (SSS) to tender an apology to Mallam Nasir el-Rufai, former FCT minister, for unlawful detention.

According to Gafai who also decreed that the sum of N2m should be paid to el-Rufai for damage, the SSS had no statutory powers to detain el-Rufai without showing cause to a court of competent jurisdiction.

The former minister was harassed at his hotel in Awka, capital of Anambra state, while granting an interview to reporters a few days to the last gubernatorial election in Anambra.

El-Rufai, a stalwart of the All Progressives Congress (APC), had gone to Anambra to support Senator Chris Ngige, who contested for the governorship of the state under the platform of APC.

He later went to the court to seek redress over the issue.

The judged condemned the action of the SSS, wondering why the fundamental rights of the former minister was violated.

“The detention of the applicant, Mallam Nasir el-rufai (OFR), without charge, at the premises of Finotel hotel, Akwa, Anambra state, between November 15, 2013 and November 16, 2013, by agents of the 1st respondent (SSS) or officers, servants, privies of the respondents and/or of the federal government of Nigeria constitute a gross violation of the applicant right to personal liberty and freedom of movement respectively guaranteed under sections 35 and 41 of the Constitution of the Federal Republic of Nigeria,” he ruled.

“The unlawful deprivation of the applicant, Mallam Nasir el-Rufai, OFR, from granting/continued granting of interview with an AIT correspondent, Mr. Obiorah Iloh and other mass media representatives within the premises of Finotel Hotel, Akwa, Anambra State, at about 2pm on November 16, 2013, by agents of the 1st respondent (SSS) or officers, servants, privies of the respondents and/or of the federal government of Nigeria, constitute a gross violation of the applicant’s freedom of expression guaranteed under section 39 of the Constitution of the Federal Republic of Nigeria, 1999.

“The first respondent has no statutory powers under the constitution of the federal republic of Nigeria 1999 (As Amended) or under any Nigerian Law to detain the applicant without showing cause to a Court of competent jurisdiction.”

The court made some pronouncements regarding the restriction of movement during elections and ordered the SSS to publish an apology to the former minister in two national dailies.