Court ​‌‍‍‍‍⁠⁠‍‌‌‍​⁠​​‌‌​adjourns El-Rufai’s N1bn rights suit against ICPC, AGF, IGP for judgment

The Federal High Court in Abuja on Tuesday fixed Dec. 2 for judgment in an N1 billion fundamental rights suit filed by former Gov. Nasir El-Rufai of Kaduna State against the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Justice Joyce Abdulmalik fixed the date after lawyers and the parties adopted their processes in the case.

The News Agency of Nigeria (NAN) reports that other respondents in the suit are the Inspector-General (I-G) of Police and the Attorney-General of the Federation (AGF) as the 2nd and 3rd respondents, respectively.

When the case was called on Tuesday, El-Rufai’s lawyer was not in court.

Justice Abdulmalik then made an order deeming all the processes filed by the former governor adopted.

Abdul Mohammed, SAN, who appeared for the ICPC, identified and adopted all their processes, urging the court to dismiss the suit in its entirety.

The I-G’s lawyer, ACP Ezekiel Rimamsomte, and Mrs Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, who represented the AGF, equally adopted their separate processes and prayed the court to dismiss the suit.

While the proceeding was ongoing, Mr Ubong Akpan, the ex-governor’s counsel, entered the courtroom and apologised for his lateness.

When the lawyer sought the permission of the court to allow him to adopt his court’s documents, he was informed by the judge that his processes had already been deemed adopted.

Justice Abdulmalik consequently adjourned the matter until Dec. 2 for judgment.

NAN reports that the ex-governor had, earlier in the suit, sued the ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; I-G and the AGF as 1st to 4th respondents, respectively.

He, however, dropped the name of the magistrate from the case following his inability to specify the name of the magistrate who was sued as the 2nd respondent after the judge made the observation.

El-Rufai is, therefore, demanding a N1 billion in damages against ICPC, the I-G and the AGF.

The former governor, in the originating motion on notice marked FHC/ABJ/CS/345/2026, dated and filed Feb. 20 by Oluwole Iyamu, SAN, sought seven reliefs.

He prayed the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on Feb. 19 at about 2pm by the ICPC and I-G amounts to a gross violation of the applicant’s fundamental rights.

He said that it was a violation of the dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.”

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.”

El-Rufai, therefore, sought an order of injunction restraining the respondents and their agents from further relying on, using, or tendering any evidence or items seized during the unlawful search in any investigation, prosecution, or proceedings involving him.

He sought an order directing the 1st and 3rd respondents (ICPC and I-G) to forthwith return all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.

He also sought an order awarding the sum of N1,000,000,000.00 (one billion naira) as general, exemplary, and aggravated damages, among others.

Responding, in its counter-affidavit, the ICPC said it received a petition against El-Rufai, and acting on the petition, it commenced an investigation, leading to the search at his residence.

It argued that its operatives acted under a valid search warrant issued on Feb. 18 and executed on Feb. 19 between 1:37pm and 3:56pm at 12 Mambilla Street, Asokoro, Abuja.

The commission said its officials were accompanied by personnel of the Nigeria Police Force and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.

The ICPC, which urged the court to dismiss the suit, listed the items allegedly recovered from the residence.

The I-G, also in his counter affidavit deposed to by Insp Ewa Anthony, argued that he had the statutory power to detect, arrest, investigate and prosecute offenders.

He argued that the search carried out at El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.

He disagreed with the ex-governor that the search warrant was invalid, insisting that it was a genuine court order.

The police boss said that his officers who carried out the operation complied with all applicable legal procedures in the execution of the search warrant.

According to him, the applicant is trying to use the honourable court to shield him away from the security investigation and prosecution in the court of law.

He, therefore, prayed the court to dismiss the suit in its entirety.

The AGF, in his counter affidavit filed by Lami-Shiru, denied being privy to the facts of the alleged matter.

He argued that the ICPC and I-G acted within their statutory functions.

According to him, the items seized from the applicant (El-Rufai) by the 1st and 2nd respondents were seized to enable them to conclude an investigation on the applicant.

He submitted that the suit was an abuse of court processes because the former governor had two pending suits on the same subject matter before the FCT High Court.

The AGF, who argued that El-Rufai’s suit lacked merit, as there is no legal and evidential justification to support all the claims and reliefs sought by him, prayed the court to dismiss it in its entirety. (NAN)