Activist lawyer and human rights advocate, Deji Adeyanju, has urged former Kaduna State Governor, Nasir El-Rufai, to seek judicial redress rather than engage in what he described as grandstanding over the seizure of his international passport by the Department of State Services, DSS.
Adeyanju, who spoke on the floor of AIT’s Security Scope programme, maintained that the DSS acted within legal provisions in confiscating El-Rufai’s travel document, while simultaneously urging the former governor to test the matter before a court of competent jurisdiction if he believes his rights have been violated.
“Yes, DSS has the right to seize El-Rufai’s passport under the law. Section 2 of the DSS instrument, which is pursuant to the NSA Act, confers that power on them. When somebody is on the wanted list and their name is declared, security agencies at any point of entry or exit may seize such a passport,” he stated.
The activist lawyer, however, noted that such a seizure infringes on the constitutional right of movement of any Nigerian citizen, drawing a parallel with a landmark legal victory secured by renowned jurist, Olisa Agbakoba, who successfully challenged a similar action by the DSS in court.
“El-Rufai is aggrieved. The best course of action is not to make noise or engage in theatrics but to approach the court and establish that there was no legal basis for the seizure,” Adeyanju counselled.
He further outlined the two legally recognised circumstances under which the right of movement of a citizen may be curtailed.
According to him, the first is by a court order, particularly where an accused person is granted bail on the condition of depositing his or her international passport with the court registry.
The second, he explained, is where an individual has been placed on a security watchlist or declared wanted by agencies such as the Economic and Financial Crimes Commission, EFCC.
Adeyanju expressed confidence that should El-Rufai approach the courts, the matter could be resolved in his favour, citing the Agbakoba precedent as a compelling legal template.
El-Rufai has been at loggerheads with the federal government in recent months, and the seizure of his passport has drawn widespread commentary from civil society figures and opposition voices across the country.
