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 and four others until March 25 for hearing.
Justice Joyce Abdulmalik fixed the new date to allow all parties involved in the case to regularise their court processes.
The News Agency of Nigeria reports that El-Rufai is seeking N1 billion in damages against the ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja, the Inspector-General of Police, and the Attorney-General of the Federation, listed as the 1st to 4th respondents.
When the matter came up, El-Rufai’s counsel, Ubong Akpan, informed the court that the case was scheduled for hearing but explained that while they had filed a response to the ICPC’s counter-affidavit, they were yet to respond to that of the police.
Counsel to the ICPC, Abdulsufiano Abubakar, and the police lawyer, Ezekiel Rimamsomte, confirmed the submission.
Following the development, Justice Abdulmalik adjourned the case until March 25 for hearing.
The judge also ordered that hearing notices be issued and served on the 2nd respondent, the Chief Magistrate, and the 4th respondent, the Attorney-General of the Federation, who were absent and not represented in court.
In the suit, marked FHC/ABJ/CS/345/2026 and filed on Feb. 20 by Oluwole Iyamu, SAN, the former governor is seeking seven reliefs from the court.
El-Rufai asked the court to declare that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, carried out on Feb. 19 at about 2 p.m. by operatives of the ICPC and the police violated his fundamental rights.
He said the action amounted to a breach of his constitutional rights to dignity, personal liberty, fair hearing, and privacy.
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.”
The former governor also sought an injunction preventing the respondents and their agents from using or relying on any items or evidence obtained during the search in any investigation or prosecution involving him.
In addition, he requested an order directing the ICPC and the police to immediately return all items allegedly taken from his residence, along with a detailed inventory.
El-Rufai further asked the court to award him N1 billion as general, exemplary and aggravated damages, among other reliefs.
In its response, the ICPC stated in a counter-affidavit that it had received a petition against El-Rufai, 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 Feb. 18 and executed the following day between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
According to the agency, its officials conducted the operation alongside personnel of the Nigeria Police Force, and the search was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC urged the court to dismiss the suit and also listed items it claimed were recovered from the property.
Similarly, the police, in a counter-affidavit deposed to by Insp. Ewa Anthony, argued that it has the statutory authority to detect, arrest, investigate and prosecute offenders.
The police insisted that the search carried out at El-Rufai’s residence was executed in line with a warrant issued by a competent court.
They rejected the ex-governor’s claim that the warrant was invalid, describing it instead as a genuine court order.
According to the police, the officers involved in the operation complied with all legal procedures during the execution of the search warrant.
The force also argued that the applicant was attempting to use the court to avoid security investigation and possible prosecution.
It therefore urged the court to dismiss the suit in its entirety.
