The Federal High Court, Abuja Division, on Wednesday, faulted the fundamental rights enforcement suit filed by a former governor of Kaduna State, Nasir El-Rufai.
The suit is against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others.
Justice Joyce Abdulmalik faulted the application after Ugochukwu Nnakwu, who appeared for El-Rufai, informed the judge that he had been unable to serve the magistrate, sued alongside others as 2nd respondent in the case.
When the case was called on Wednesday, all the parties, except the 2nd respondent (magistrate), were represented in court.
Isaac Akwo, who appeared for ICPC, prayed the court to stand the matter down until 12 noon to enable his superior, Abdu Mohammed, SAN, who was at the Supreme Court for another case, to handle the matter.
But Justice Abdulmalik declined the request because she had another meeting to attend.
The judge then inquired about the 2nd respondent.
Responding, Mr Nnakwu told the court that “the 2nd respondent had not yet been served” and that he had filed a substituted service application in that regard.
Mr Nnakwu then began to move the motion for substituted service before the judge interrupted.
She asked the lawyer to specify the particular chief magistrate listed in the suit.
“You are supposed to include his name in your application,” the judge corrected.
Mr Nnakwu, therefore, acknowledged the judge’s intervention and sought an adjourned date to regularise the process.
Lawyers who appeared for other respondents, including R.N. Maiguru (Inspector-General of Police); and Chima Augustine for the Attorney-General of the Federation (AGF), did not oppose the application.
Justice Abdulmalik subsequently adjourned the matter until March 31 for hearing of pending motion.
She equally ordered that a hearing notice be issued and served on the 2nd respondent.
Mr El-Rufai is demanding a N1billion in damages against the ICPC, the Chief Magistrate at the Magistrates’ Court of the FCT, Abuja; IG and the AGF, named as 1st to 4th respondents respectively.
The former governor, in an originating motion on notice marked: FHC/ABJ/CS/345/2026, dated and filed February 20 by Oluwole Iyamu, SAN, sought seven reliefs.
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 and ICPC and IG, amounts to a gross violation of the applicant’s fundamental rights .
He said that it was a violation to 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.”
Mr El-Rufai, therefore, 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 Ist and 3rd respondents (ICPC and IG) 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, among others.
Responding, in its counter affidavit, the ICPC said it received a petition against Mr El-Rufai and acting on the petition, it commenced an investigation, leading to the search at his residence.
It argued that its operatives acted under a valid search warrant issued on February 18 and executed on February 19 between 1:37 pm and 3:56 pm at 12 Mambilla Street, Asokoro, Abuja.
The commission said its officials were accompanied by officers of the Nigeria Police Force, and that the exercise was witnessed by Mr El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the court to dismiss the suit, listed the items allegedly recovered from the residence.
The police, also in its counter affidavit deposed to by Inspector Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate and prosecute offenders.
It argued that the search carried out at Mr El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
It disagreed with the ex-governor that that search warrant was invalid, insisting that it was a genuine court order.
It said that its officers who carried out the operation complied with all applicable legal procedures in the execution of the search warrant.
According to the police, the applicant is trying to use the honourable court to shield him away from the security investigation and prosecution in the court of law.
It, therefore, prayed the court to dismiss the suit in its entirety.
(NAN)
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