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 (ICPC) and four others until March 25.
Justice Joyce Abdulmalik postponed the hearing to enable all parties involved in the case to properly regularise their court processes.
El-Rufai is seeking ₦1 billion in damages from the ICPC, the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory (FCT), the Inspector-General of Police (IGP), and the Attorney-General of the Federation (AGF), listed as the 1st to 4th respondents respectively.
When the matter was called, counsel to El-Rufai, Ubong Akpan, informed the court that the case had been scheduled for hearing. However, he explained that the applicant had only recently filed a response to the ICPC’s counter-affidavit and was yet to reply to the one filed by the police.
Counsel to the ICPC, Abdulsufiano Abubakar, and police lawyer, Ezekiel Rimamsomte, confirmed Akpan’s statement.
Following the submissions, Justice Abdulmalik adjourned the matter until March 25 for hearing. The court also ordered that hearing notices be issued and served on the 2nd respondent (Chief Magistrate) and the 4th respondent (AGF), who were not represented during the proceedings.
El-Rufai, in an originating motion marked FHC/ABJ/CS/345/2026, filed on February 20 by his counsel Oluwole Iyamu (SAN), is seeking seven reliefs from the court.
The former governor asked the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2:00 p.m. by ICPC operatives and police officers constituted a gross violation of his fundamental rights.
According to him, the action breached 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 1999 Constitution.
He also urged the court to rule that any evidence obtained through the search warrant used during the operation should be declared inadmissible in any legal proceedings, arguing that it was secured in violation of constitutional safeguards.
El-Rufai further asked the court to restrain the respondents and their agents from relying on or tendering any materials seized during the search in any investigation or prosecution against him.
In addition, he requested an order compelling the ICPC and the IGP to return all items allegedly seized from his residence, along with a detailed inventory.
He also asked the court to award ₦1 billion in general, exemplary, and aggravated damages for the alleged violation of his rights.
However, the ICPC, in its counter-affidavit, maintained that it acted lawfully.
The anti-graft agency stated that it received a petition against El-Rufai and subsequently initiated an investigation which led to the search of his residence.
According to the commission, its operatives executed the search based on a valid warrant issued on February 18, which was carried out the following day between 1:37 p.m. and 3:56 p.m. at the Asokoro residence.
The ICPC added that its officials were accompanied by officers of the Nigeria Police Force, and that the operation was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The commission therefore urged the court to dismiss the suit.
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