Unlawful detention: Court orders SSS to apologise to El-Rufai, pay him N2m in damages
Security Service to apologise to a former Minister of the
Federal Capital Territory, Nasir El-Rufai, and to pay him
N2 million in damages for unlawful detention.
This follows the events of November 15 and 16 2013,
during the last Anambra governorship elections, when
SSS officials detained and harassed Mr. El-Rufai at the
Finotel in Awka.
Dissatisfied with his treatment, and believing that the
conduct of the SSS had no basis in law, Mr. El-Rufai
approached the court for redress.
The case was listed as FHC/AWK/CS/310/13, with the
SSS and the Attorney-General of the Federation as
respondents.
Delivering judgment in Awka on Monday, Justice
Ibrahim Bature Gafai held that the SSS has no statutory
powers under the Constitution of the Federal Republic
of Nigeria 1999 or under any Nigerian law to detain Mr.
El-Rufai without showing cause to a court of competent
jurisdiction.
The court therefore ordered the SSS to publish an
apology in two national dailies for the unlawful and
unconstitutional violation of his liberty.
In addition to the apology and monetary damages, the
court also made significant pronouncements regarding
the restriction of movement during elections.
The court declared that the Respondents have no
powers under the Constitution of the Federal Republic
of Nigeria 1999 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 Constitution of the
Federal Republic of Nigeria 1999 on account of the
Anambra State Gubernatorial election that took place
on the 16th day of November, 2013 or any other
election.
This decision has massive implications for the way
government agencies routinely attempt to restrict
movement of persons, especially during elections.
The court also granted other prayers sought by Mr. El-
Rufai, including:
i. A DECLARATION that the detention of the
Applicant, Mallam Nasir El-rufai, OFR, without charge,
at the premises of Finotel Hotel, Akwa, Anambra State,
between the 15th day of November, 2013 and 16th day
of November, 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, 1999 (As Amended)
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 is therefore unconstitutional and
illegal.
ii. A DECLARATION that the unlawful deprivation of
the Applicant, Mallam Nasir El-Rufai, OFR, 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 2pm of 16th day of
November, 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 (As Amended) 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.
iii. A DECLARATION that the detention of the
Applicant at the premises of Finotel Hotel, Akwa,
Anambra State, without charge, on the 15th day of
November, 2013 to the 16th day of November, 2013, by
agents of the 1st Respondent, (SSS) or officers, servants,
agents, privies of the Respondents and/or of the Federal
Government of Nigeria with a view to denying the
Applicant, 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
All Progressives Congress, at Akwa, Anambra State, is a
violation of the Applicant's Right to Peaceful Assembly
and Association guaranteed under section 40 of the
Constitution of the Federal Republic of Nigeria, 1999
(As Amended) 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 is accordingly unconstitutional
and illegal.
iv. A DECLARATION that the restriction and
prevention of the Applicant from moving out of his
room in Finotel Hotel wherein he lodged at Awka in
Anambra State to monitor the 16th November, 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 of the
Federal Republic of Nigeria (As Amended).
v. A DECLARATION that the restriction and prevention
of the Applicant from moving out of his room in Finotel
Hotel wherein he lodged at Awka in Anambra State to
observe congregation prayers (salat) on the 16th
November, 2013 by the Agents of the Respondents,
Officers, Servants, Agents or Privies constitutes a gross
violation of the Applicant's constitutional right of
freedom of Religion as enshrined in section 38 of the
1999 Constitution of the Federal Republic of Nigeria
(As Amended).
vi. A DECLARATION that the Respondents have no
powers under the Constitution of the Federal Republic
of Nigeria 1999 (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
Constitution of the Federal Republic of Nigeria 1999
(As Amended) on account of the Anambra State
Gubernatorial election that took place on the 16th day
of November, 2013 or any other election.
vii. A DECLARATION that the 1st 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.
viii. AN INJUNCTION restraining the Respondents,
whether by themselves or by their officers, agents,
servants, privies, or otherwise howsoever from further
detaining or in any other manner infringing on the
fundamental rights of the Applicant.
ix. AN ORDER for the award of compensation/damages
to the Applicant, in the sum of N2,000,000.00 (Two
Million Naira only) for the unlawful and
unconstitutional detention/violation of his right to
personal liberty, freedom of movement, freedom of
association and expression.
x. AN ORDER directing the Respondents to publish
apologies to the Applicant in two (2) National Dailies,
for the unlawful and unconstitutional detention/
violation of his right to personal liberty, freedom of
movement, freedom of religion, freedom of association
and expression guaranteed under the Constitution of
Federal Republic of Nigeria, 1999 (As Amended) and
Articles 6, 9(2), 10(1), 11 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.
.
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