The rights enforcement suit against Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others brought by former Governor Nasir El-Rufai of Kaduna State suffered a setback on Tuesday over the inability of his lawyer to serve the respondents.
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The matter, which was before Justice Joyce Abdulmalik of the Federal High Court in Abuja, could not proceed shortly after it was called.
Upon resumed hearing, only Ubong Akpan, the counsel who appeared for the ex-governor, was in court, as there was no representation for the respondents.
Akpan informed the court that though the matter was scheduled for mention, they had been unable to serve the respondents.
He sought an adjournment to enable them do the needful and Justice Abdulmalik fixed March 11 for further mention.
El-Rufai is demanding N1 billion in damages against ICPC (1st respondent) and others.
The respondents include the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; Inspector-General of Police; and the Attorney-General of the Federation (AGF), named as 2nd to 4th respondents respectively.
The former governor, in the originating motion on notice marked FHC/ABJ/CS/345/2026, dated and filed February 20 by his team of lawyers led by Oluwole Iyamu, SAN, sought seven reliefs.
El-Rufai is praying the court to declare that the search warrant issued on February 4 by the Chief Magistrate, Magistrate’s Court of the FCT (2nd respondent), authorising the search and seizure at his residence was invalid, null and void.
He is asking the court to declare that the search warrant is “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.”
He prayed 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 2pm by the ICPC and IGP amounts to a gross violation of the applicant’s fundamental rights.
He said that it was a violation to the dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.
He urged the court to declare that “any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant, as it was procured in breach of constitutional safeguards.”
El-Rufai sought an order of injunction restraining the respondents and their agents from further relying on, using, or tendering any evidence or items seized during the unlawful search in any investigation, prosecution, or proceedings involving him.
He sought an order directing the 1st and 3rd respondents (ICPC and I-G) to forthwith return all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.
He also sought an order awarding the sum of N1,000,000,000.00 (One Billion Naira) as general, exemplary, and aggravated damages.
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