THE Federal High Court in Abuja on Monday adjourned a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others until October 27 for definite hearing.
News Point Nigeria reports that the other respondents named in the suit are the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF), listed as the second and third respondents respectively.
Justice Joyce Abdulmalik adjourned the suit to allow counsel to the former governor, Akinyemi Aremu, to respond to the counter-affidavit filed by the AGF opposing the claims.
When the case was called, Aremu informed the court that the matter was scheduled for hearing.
Counsel for the AGF, Mrs Maimuna Lami-Shiru, however, told the court that a counter-affidavit had been filed by the AGF.
She prayed the court for leave to move their motion seeking an extension of time to deem their counter-affidavit as properly filed and served.
El-Rufai’s lawyer, Aremu; ACP Ezekiel Rimamsomte, who appeared for the IGP; and counsel for the ICPC did not oppose the application, and the judge granted it as prayed.
Justice Abdulmalik then adjourned the case until October 27 for definite hearing.
News Point Nigeria reports that the former governor had earlier, in the suit, sued the ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; the IGP and the AGF as the first to fourth respondents respectively. The magistrate was subsequently dropped from the case after El-Rufai was unable to specify the name of the magistrate sued as the second respondent, following an observation by the judge.
El-Rufai is therefore demanding N1 billion in damages against the ICPC, the IGP and the AGF.
The former governor, in an originating motion on notice marked FHC/ABJ/CS/345/2026, dated and filed on 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 ICPC and IGP amounted to a gross violation of his fundamental rights.
He said the operation was a violation of his rights 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.”
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 alleged unlawful search in any investigation, prosecution or proceedings involving him.
He sought an order directing the first and third respondents, the ICPC and IGP, to forthwith return all items seized from the applicant’s premises during the alleged 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 El-Rufai and, acting on the petition, commenced an investigation which led 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 personnel of the Nigeria Police Force and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the court to dismiss the suit, also listed the items allegedly recovered from the residence.
The police, also in its counter-affidavit deposed to by Insp. Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate and prosecute offenders.
It argued that the search carried out at El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
The anti-graft agency disagreed with the former governor that the search warrant was invalid, insisting that it was a genuine court order.
It said 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 was trying to use the court to shield himself from security investigation and prosecution in the court of law.
It, therefore, prayed the court to dismiss the suit in its entirety.