The Federal High Court in Abuja has again postponed the hearing of a fundamental rights enforcement suit filed by former Kaduna State governor, Nasir El-Rufai, over the search of his residence.
The case, which seeks N1 billion in damages, was adjourned on Wednesday by Justice Joyce Abdulmalik to March 31 to allow for proper service on one of the respondents.
El-Rufai, through his legal team, is challenging the legality of a search conducted at his Abuja home, naming the Independent Corrupt Practices and Other Related Offences Commission, a Chief Magistrate in the Federal Capital Territory, the Inspector-General of Police, and the Attorney-General of the Federation as defendants.
At the hearing, El-Rufai’s counsel, Ugochukwu Prince Nnakwu, informed the court that the second respondent—the magistrate who issued the search warrant—had not yet been served with court processes. He added that an application for substituted service had been filed.
“I have filed an application for substituted service on the second respondent,” Nnakwu told the court, while seeking time to regularise the process after being prompted to properly include the magistrate’s name.
Counsel to the ICPC, Isaac Akwo, had earlier requested that the matter be stood down to allow the commission’s lead lawyer attend from proceedings at the Supreme Court. However, Justice Abdulmalik declined the request, citing a prior engagement.
“I will not be able to stand down this matter. I have another commitment,” the judge said.
Lawyers representing other respondents, including the police and the Attorney-General’s office, confirmed that they had filed counter-affidavits opposing the suit.
Justice Abdulmalik subsequently directed that hearing notices be served on the magistrate and adjourned the case for consideration of the substituted service application.
El-Rufai’s suit follows his detention by the ICPC in February and the subsequent search of his residence, which he claims violated his fundamental rights.
In his application, the former governor is asking the court to declare the search warrant issued on February 4 as “invalid, null and void.”
“The search and seizure carried out at my residence breached my rights to dignity, personal liberty, fair hearing, and privacy,” El-Rufai argued in his filings.
He is also seeking an order restraining the authorities from using any items recovered during the search, as well as the return of all seized property.
In response, the ICPC maintained that its actions were lawful and carried out within its investigative powers following a petition against the former governor.
“The commission acted within its statutory mandate to investigate and prosecute alleged offences,” the agency stated in its counter-affidavit.
The police also defended the operation, noting that the search was conducted based on a valid warrant issued by a competent court.
The case has faced multiple delays. Earlier sittings were stalled due to issues with service and the need for parties to respond to filings before the court.
