The Federal High Court in Abuja has fixed December 2 for judgment in a N1 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai over the search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission and the police.
Justice Joyce Abdulmalik fixed the date on Tuesday after lawyers representing the parties adopted their court processes.
The Inspector-General of Police and the Attorney-General of the Federation are also respondents in the suit.
When the case was called, El-Rufai’s lawyer, Ubong Akpan, was absent. The judge subsequently made an order deeming the former governor’s processes adopted.
Abdul Mohammed, SAN, who represented the ICPC, adopted the commission’s processes and urged the court to dismiss the suit in its entirety.
The lawyer representing the Inspector-General of Police, Assistant Commissioner of Police Ezekiel Rimamsomte, and Mrs Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, who represented the Attorney-General of the Federation, also adopted their respective processes and asked the court to dismiss the suit.
Akpan arrived while proceedings were ongoing and apologised for his lateness. When he sought permission to adopt the former governor’s court documents, Justice Abdulmalik informed him that the processes had already been deemed adopted.
The judge subsequently adjourned the matter until December 2 for judgment.
El-Rufai initially filed the suit against the ICPC, the Chief Magistrate of the Federal Capital Territory Magistrate’s Court in Abuja, the Inspector-General of Police and the Attorney-General of the Federation.
However, he later dropped the magistrate from the case after the judge observed that he had not identified the magistrate by name.
The former governor is seeking N1 billion in general, exemplary and aggravated damages over the search of his residence at No. 12 Mambilla Street, Aso Drive, Abuja.
In the originating motion on notice, marked FHC/ABJURER/CS/345/2026 and filed on February 20 by his lawyer, Oluwole Iyamu, SAN, El-Rufai sought seven reliefs.
He asked the court to declare that the search of his residence on February 19 at about 2 p.m. violated his fundamental rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.
He also asked the court to declare that any evidence obtained through what he described as an invalid search warrant and unlawful search was inadmissible in proceedings against him.
The former governor further sought an injunction restraining the respondents and their agents from using or tendering items seized during the search in any investigation, prosecution or other proceedings involving him.
He also asked the court to order the ICPC and the Inspector-General of Police to return all items seized from his residence and provide a detailed inventory.
In its counter-affidavit, the ICPC said it received a petition against El-Rufai and commenced an investigation that led to the search of his residence.
Also Read:Â Court adjourns El Rufai’s case till March 31
The commission maintained that its operatives acted under a valid search warrant issued on February 18 and executed the following day between 1:37 p.m. and 3:56 p.m. at No. 12 Mambilla Street, Asokoro, Abuja.
It said police personnel accompanied its officials during the operation, which was witnessed by El-Rufai’s wife, Hadiza, and his son, Mohammed.
The commission also listed items it said were recovered from the residence and urged the court to dismiss the suit.
The Inspector-General of Police, in a counter-affidavit deposed to by Inspector Ewa Anthony, argued that the police had statutory powers to detect, arrest, investigate and prosecute offenders.
He maintained that the search was conducted under a warrant issued by a competent court and that the officers complied with applicable legal procedures.
The police also argued that El-Rufai was attempting to use the court to shield himself from security investigations and possible prosecution. The Inspector-General urged the court to dismiss the suit.
The Attorney-General of the Federation, represented by Lami-Shiru, denied being privy to the facts of the alleged violation.
He argued that the ICPC and the Inspector-General of Police acted within their statutory powers and that the items seized were needed to complete the investigation involving El-Rufai.
The Attorney-General also described the suit as an abuse of court process, arguing that the former governor had two pending cases on the same subject before the FCT High Court.
He maintained that the suit lacked sufficient legal and evidential grounds to support the reliefs sought and urged the court to dismiss it.
NAN
