The Federal High Court in Abuja has adjourned until October 27 for definite hearing of a ₦1 billion fundamental-rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission, the Inspector-General of Police and the Attorney-General of the Federation.
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Justice Joyce Abdulmalik adjourned the case on Monday to enable El-Rufai’s counsel, Akinyemi Aremu, to respond to the counter-affidavit filed by the Attorney-General of the Federation opposing the former governor’s claims.
When the matter was called, Aremu informed the court that it had been scheduled for hearing.
Counsel representing the AGF, Maimuna Lami-Shiru, however, told the court that the AGF had filed a counter-affidavit.
She applied for an extension of time and asked the court to deem the AGF’s counter-affidavit as properly filed and served.
Aremu, Assistant Commissioner of Police Ezekiel Rimamsomte, who represented the Inspector-General of Police, and counsel for the ICPC did not oppose the application.
Justice Abdulmalik consequently granted the application and adjourned the matter until October 27 for definite hearing.
El-Rufai had initially sued the ICPC, an unnamed chief magistrate of the Federal Capital Territory, the Inspector-General of Police and the AGF as the first to fourth respondents.
The name of the magistrate was subsequently removed from the proceedings after the court observed that the former governor had not identified the particular judicial officer against whom reliefs were being sought.
The ICPC, Inspector-General of Police and AGF are therefore the remaining respondents in the suit.
The action, marked FHC/ABJ/CS/345/2026, was filed on February 20 by a legal team led by Oluwole Iyamu, SAN.
El-Rufai is seeking seven reliefs arising from the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19.
He is asking the court to declare that the alleged invasion and search of his residence by ICPC operatives and police officers amounted to a violation of his fundamental rights.
According to him, the operation violated his constitutionally guaranteed rights to dignity of the human person, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the 1999 Constitution.
The former governor also wants the court to declare that any evidence obtained through what he described as an invalid warrant and unlawful search is inadmissible in proceedings brought against him.
He is seeking an injunction restraining the respondents and their agents from relying upon, using or tendering any item recovered during the search in any investigation, prosecution or related proceedings.
El-Rufai further asked the court to direct the ICPC and the Inspector-General of Police to return all items seized from his residence and provide a detailed inventory.
He is demanding ₦1 billion as general, exemplary and aggravated damages, among other reliefs.
The ICPC, in its counter-affidavit, said it received a petition against the former governor and commenced an investigation which resulted in the search of his residence.
The commission maintained that its operatives acted pursuant to a valid search warrant issued on February 18 and executed at El-Rufai’s residence the following day.
According to the ICPC, the operation was conducted between 1:37 p.m. and 3:56 p.m. in the presence of El-Rufai’s wife, Hadiza, and his son, Mohammed.
The commission said its operatives were accompanied by personnel of the Nigeria Police Force and acted within their statutory powers.
It urged the court to dismiss the suit and listed the items allegedly recovered from the residence during the operation.
The police, in a separate counter-affidavit deposed to by Inspector Ewa Anthony, argued that the force possesses statutory authority to detect crime, arrest suspects, investigate allegations and prosecute alleged offenders.
The police maintained that the search was conducted pursuant to a warrant issued by a court of competent jurisdiction and rejected El-Rufai’s contention that the warrant was invalid.
They argued that the officers involved complied with the applicable legal procedures while executing the warrant.
The police further alleged that the former governor was attempting to use the fundamental-rights suit to shield himself from a legitimate security investigation and possible prosecution.
They consequently asked the court to dismiss the suit in its entirety.
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