The Federal High Court, Abuja Division, on Wednesday adjourned a fundamental rights enforcement suit filed by a former governor of Kaduna State, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others until March 25 for hearing.
Justice Joyce Abdulmalik adjourned the case to allow parties in the suit regularise their processes.
Mr El-Rufai is demanding a N1billion in damages against ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; Inspector-General of Police (IG) and the Attorney-General of the Federation (AGF), named as 1st to 4th respondents respectively.
When the base was called, Mr Ubong Akpan, who appeared for Mr El-Rufai, informed the court that the mater was fixed for hearing.
However, he said they had just responded to ICPC’s counter affidavit but yet to respond to the IG’s.
The ICPC lawyer, Abdulsufiano Abubakar and the police counsel, Ezekiel Rimamsomte, confirmed Mr Akpan’s submission.
Justice Abdulmalik consequently adjourned the matter until March 25 for hearing.
The judge ordered that the 2nd respondent (Chief Magistrate) and 4th respondent (AGF), who were not represented in court, be issued and served with hearing notices.
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 search in any investigation, prosecution, or proceedings involving him.
He sought an order directing the Ist and 3rd respondents (ICPC and IG) to forthwith retum 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 1:37pm and 3:56pm 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)
Discussion about this post