Court Faults El-Rufai’s N1bn Rights Suit Against ICPC, Others

The Federal High Court in Abuja on Wednesday raised issues with 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 other respondents.

Justice Joyce Abdulmalik faulted the application after El-Rufai’s lawyer, Ugochukwu Nnakwu, told the court that the second respondent, a magistrate, had not yet been served. When proceedings began, all parties except the 2nd respondent were represented in court.

Isaac Akwo, representing ICPC, requested that the matter be stood down until noon to allow his senior, Abdu Mohammed, SAN, to appear, but the judge declined due to another engagement.

Justice Abdulmalik asked Nnakwu to specify the magistrate named in the suit. Nnakwu acknowledged the judge’s intervention and sought an adjournment to regularize the process.

Lawyers for other respondents, including R.N. Maiguru (Inspector-General of Police) and Chima Augustine (Attorney-General of the Federation), did not oppose the application.

The court adjourned the matter until March 31 for hearing of the pending motion and ordered that a hearing notice be issued and served on the 2nd respondent.

El-Rufai’s suit, marked FHC/ABJ/CS/345/2026 and filed February 20 by Oluwole Iyamu, SAN, seeks N1 billion in general, exemplary, and aggravated damages. The ex-governor alleged that the search and invasion of his Abuja residence by ICPC and the I-G on February 19 at around 2pm violated his rights to dignity, 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 from the search is inadmissible and sought an injunction restraining the respondents from using any seized items.

He also requested the return of all items taken during the operation, along with a detailed inventory.

In its counter-affidavit, the ICPC said it received a petition against El-Rufai and conducted the search pursuant to a valid warrant issued on February 18.

The operation, executed between 1:37pm and 3:56pm on February 19 at 12 Mambilla Street, Asokoro, Abuja, was witnessed by El-Rufai’s wife, Hadiza, and son, Mohammed.

The commission urged the court to dismiss the suit and listed items recovered during the search.

The Nigeria Police Force, in its counter-affidavit deposed by Insp. Ewa Anthony, argued that it acted under statutory authority to detect, arrest, investigate, and prosecute offenders. It said the search was executed according to a valid court order and that its officers complied with all legal procedures.

The police contended that El-Rufai is attempting to use the court to shield himself from legitimate investigation and prosecution.