The Federal High Court in Abuja on Monday adjourned until October 27 the 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), the Inspector-General of Police and the Attorney-General of the Federation.
Justice Joyce Abdulmalik fixed the new date for definite hearing after counsel to the Attorney-General of the Federation, Mrs Maimuna Lami-Shiru, informed the court that a counter-affidavit opposing El-Rufai’s claims had been filed. She applied for an extension of time to deem the document properly filed and served. El-Rufai’s lawyer, Akinyemi Aremu, the police counsel and the ICPC representative did not oppose the application, which the judge granted.
When the matter was called, Aremu told the court it was listed for hearing. The adjournment was granted to give the former governor’s counsel time to respond to the Attorney-General’s counter-affidavit.
El-Rufai had instituted the action through an originating motion marked FHC/ABJ/CS/345/2026, filed on February 20 by Oluwole Iyamu, SAN. He is seeking N1 billion in general, exemplary and aggravated damages, among other reliefs.
The former governor claims that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, carried out on February 19 at about 2 p.m. by operatives of the ICPC and the police violated his fundamental rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution. He describes the exercise as an invasion based on an invalid warrant.
He is asking the court to declare the search unlawful, to hold that any evidence obtained from it is inadmissible, to restrain the respondents from relying on or tendering any items seized, and to order the ICPC and the police to return all seized items with a detailed inventory.
In its counter-affidavit, the ICPC stated that it received a petition against El-Rufai and commenced an investigation that led to the search. The commission said its officers acted under a valid search warrant issued on February 18 and executed between 1:37 p.m. and 3:56 p.m. on February 19 at the Asokoro residence. It said the operation was conducted in the presence of El-Rufai’s wife, Hadiza, and his son, Mohammed, and was supported by police personnel. The ICPC listed items it said were recovered and urged the court to dismiss the suit.
The police, in a counter-affidavit deposed to by Inspector Ewa Anthony, maintained that the search was carried out pursuant to a warrant issued by a competent court. It insisted its officers complied with all legal procedures and argued that El-Rufai was attempting to use the court to shield himself from investigation and possible prosecution. The police also prayed for the dismissal of the suit.
El-Rufai had initially joined the Chief Magistrate of the Federal Capital Territory Magistrate’s Court as a respondent but later dropped the name after the judge observed that the specific magistrate had not been identified.
The case will next come up on October 27 for definite hearing.
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