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.
The News Agency of Nigeria (NAN) reports that the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF) are also respondents in the suit.
Justice Joyce Abdulmalik adjourned the matter to allow counsel to El-Rufai, Akinyemi Aremu, to respond to a counter-affidavit filed by the AGF opposing the former governor’s claims.
When the case was called, Aremu informed the court that the matter was slated for hearing.
Counsel for the AGF, Maimuna Lami-Shiru, however, told the court that the AGF had filed a counter-affidavit.
She subsequently sought the court’s permission to move an application requesting an extension of time and an order deeming the counter-affidavit as properly filed and served.
Aremu, counsel for the IGP, ACP Ezekiel Rimamsomte, and counsel for the ICPC did not oppose the application.
Justice Abdulmalik granted the application and subsequently adjourned the matter until October 27 for definite hearing.
NAN reports that El-Rufai had initially joined the ICPC, the Chief Magistrate of the Magistrates’ Court of the Federal Capital Territory, Abuja, the IGP and the AGF as the first to fourth respondents.
He later withdrew the name of the magistrate from the suit after the court observed that he could not identify the magistrate named as the second respondent.
El-Rufai is seeking N1 billion in damages from the ICPC, IGP and AGF over the alleged violation of his fundamental rights.
In the originating motion marked FHC/ABJ/CS/345/2026 and filed on February 20 by Oluwole Iyamu, SAN, the former governor sought seven reliefs.
He asked the court to declare that the search and alleged invasion of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2pm by operatives of the ICPC and the police amounted to a violation of his fundamental rights.
According to him, the search violated his rights to dignity of the human person, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the Constitution.
El-Rufai also asked the court to declare that any evidence obtained through what he described as an invalid warrant and unlawful search was inadmissible in any proceedings against him.
He further sought an injunction restraining the respondents and their agents from relying on, using or tendering any evidence or items seized during the search in any investigation, prosecution or proceedings involving him.
The former governor also asked the court to order the ICPC and the IGP to return all items allegedly seized from his residence, alongside a detailed inventory.
He further sought N1 billion in general, exemplary and aggravated damages, among other reliefs.
In its counter-affidavit, the ICPC said it received a petition against El-Rufai and commenced an investigation, which led to the search of his residence.
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The commission maintained that its operatives acted pursuant to 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.
It said its officials were accompanied by personnel of the Nigeria Police Force and that the exercise was witnessed by El-Rufai’s wife, Hadiza, and his son, Mohammed.
The ICPC listed items it said were recovered from the residence and urged the court to dismiss the suit.
The police, in its counter-affidavit deposed to by Inspector Ewa Anthony, argued that it had the statutory powers to detect, arrest, investigate and prosecute offenders.
It maintained that the search was conducted pursuant to a warrant issued by a competent court.
The police also rejected El-Rufai’s claim that the search warrant was invalid, insisting that it was a genuine court order and that its officers complied with the applicable legal procedures during the operation.
According to the police, the former governor was attempting to use the court to shield himself from security investigations and possible prosecution.
It consequently urged the court to dismiss the suit in its entirety.
