Court adjourns El-Rufai’s N1bn rights suit against ICPC, others to March 25
The Federal High Court in Abuja on Wednesday adjourned a 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 others until March 25 for hearing.
Justice Joyce Abdulmalik adjourned the matter to enable parties in the case regularise their processes.
El-Rufai is seeking N1 billion in damages against the ICPC, the Chief Magistrate of the Magistrate Court of the Federal Capital Territory, the Inspector-General of Police and the Attorney-General of the Federation, listed as the first to fourth respondents in the suit.
When the case was called, counsel to El-Rufai, Ubong Akpan, informed the court that the matter was scheduled for hearing but that the applicant had only responded to the counter-affidavit filed by the ICPC and had yet to respond to the one filed by the Inspector-General of Police.
Lawyers representing the ICPC, Abdulsufiano Abubakar, and the police, Ezekiel Rimamsomte, confirmed the submission.
Justice Abdulmalik subsequently adjourned the case to March 25 for hearing and ordered that hearing notices be issued and served on the Chief Magistrate and the Attorney-General of the Federation, who were not represented in court.
El-Rufai, in an originating motion on notice marked FHC/ABJ/CS/345/2026 and filed on February 20 by his lawyer, Oluwole Iyamu, SAN, is seeking seven reliefs from the court.
He asked the court to declare that the invasion and search of his residence at 12 Mambilla Street, Aso Drive, Abuja, on February 19 by operatives of the ICPC and the police violated his fundamental rights.
According to him, the action breached his rights to dignity of the human person, personal liberty, fair hearing and privacy as provided under Sections 34, 35, 36 and 37 of the Constitution.
He also urged the court to declare that any evidence obtained from the search is inadmissible in any proceedings against him since it was allegedly obtained in breach of constitutional provisions.
El-Rufai further sought an order restraining the respondents from relying on or using any evidence or items seized during the search in any investigation or prosecution involving him.
He also asked the court to direct the ICPC and the police to return all items allegedly seized from his residence along with a detailed inventory of the items.
In its counter-affidavit, the ICPC said it received a petition against the former governor which prompted an investigation that led to the search of his residence.
The commission maintained that its operatives acted on a valid search warrant issued on February 18 and executed on February 19 between 1:37pm and 3:56pm at the residence.
It added that the operation was carried out in the presence of El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC urged the court to dismiss the suit and listed items it claimed were recovered from the residence.
The police also argued in its counter-affidavit that it acted within its statutory powers to investigate offences and that the search was carried out based on a lawful warrant issued by a competent court.
It maintained that its officers followed all legal procedures while executing the warrant and accused the former governor of attempting to use the court to obstruct an ongoing investigation.
The police therefore asked the court to dismiss the suit in its entirety.
