The Federal High Court in Abuja on Wednesday adjourned the fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others until March 25 for hearing.
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Justice Joyce Abdulmalik adjourned the matter to enable parties in the suit to regularise their processes.
El-Rufai is seeking N1 billion in damages against the ICPC, the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory (FCT), the Inspector-General of Police, and the Attorney-General of the Federation, listed as the 1st to 4th respondents respectively.
When the matter was called, counsel to El-Rufai, Ubong Akpan, informed the court that the case was scheduled for hearing. He, however, stated that while the applicant had responded to the counter affidavit filed by the ICPC, they were yet to respond to the police’s processes.
Counsel for the ICPC, Abdulsufiano Abubakar, and the police counsel, Ezekiel Rimamsomte, confirmed the position.
Following the submissions, Justice Abdulmalik adjourned the case to March 25 for hearing and ordered that hearing notices be issued and served on the 2nd respondent, the Chief Magistrate, and the 4th respondent, the Attorney-General of the Federation, who were not represented in court.
In the originating motion on notice marked FHC/ABJ/CS/345/2026 and filed on February 20 by his lawyer, Oluwole Iyamu, SAN, El-Rufai is seeking seven reliefs from the court.
He asked the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m. by operatives of the ICPC and the police amounted to a gross violation of his fundamental rights.
According to him, the action violated his rights to dignity of the human person, personal liberty, fair hearing, and privacy as guaranteed under Sections 34, 35, 36, and 37 of the 1999 Constitution.
El-Rufai also urged the court to declare that any evidence obtained through what he described as an invalid search warrant and unlawful search is inadmissible in any proceedings against him because it was procured in breach of constitutional safeguards.
He further sought an order restraining the respondents and their agents from relying on or tendering any evidence or items allegedly seized during the search in any investigation, prosecution, or legal proceedings involving him.
The former governor also asked the court to direct the ICPC and the Inspector-General of Police to immediately return all items seized from his residence, along with a detailed inventory of the items.
In addition, he requested an order awarding him N1 billion as general, exemplary, and aggravated damages.
In response, the ICPC, in its counter affidavit, stated that it received a petition against El-Rufai and commenced an investigation based on the allegations contained in the petition.
The commission said its operatives carried out the search at the residence under a valid search warrant issued on February 18 and executed on February 19 between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
It added that the operation was conducted in the presence of officers of the Nigeria Police Force and was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC urged the court to dismiss the suit and listed items it claimed were recovered from the residence during the operation.
The police, in its own counter affidavit deposed to by Inspector Ewa Anthony, argued that it has statutory powers to detect, arrest, investigate, and prosecute offenders.
It maintained that the search carried out at El-Rufai’s residence was executed pursuant to a valid search warrant issued by a competent court.
The police rejected the claim that the warrant was invalid and insisted that its officers complied with all applicable legal procedures in executing the order.
According to the police, El-Rufai is attempting to use the court to shield himself from ongoing security investigations and possible prosecution.
The police therefore urged the court to dismiss the suit in its entirety.
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