The Federal High Court in Abuja on Monday adjourned a N1 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF).
Justice Joyce Abdulmalik adjourned the case until October 27, 2026, for definite hearing after the AGF’s counsel informed the court that a counter-affidavit had been filed in opposition to El-Rufai’s claims.
When the matter came up for hearing, El-Rufai’s counsel, Akinyemi Aremu, told the court that the case was slated for hearing.
However, counsel for the AGF, Maimuna Lami-Shiru, informed the judge that her client had filed a counter-affidavit and sought the court’s permission to move an application asking that the document, filed out of time, be deemed properly filed and served.
Aremu, who represented El-Rufai, as well as ACP Ezekiel Rimamsomte, who appeared for the IGP, and counsel to the ICPC, did not oppose the application.
Justice Abdulmalik consequently granted the application and adjourned the case to October 27 for definite hearing.
El-Rufai had instituted the suit, marked FHC/ABJ/CS/345/2026, over the search of his Abuja residence by ICPC and police operatives in February.
The former governor is seeking N1 billion in general, exemplary and aggravated damages, alleging that the search violated his fundamental rights to dignity, personal liberty, fair hearing and privacy.
He is also asking the court to declare that any evidence or items obtained during the search are inadmissible in any proceedings against him.
El-Rufai further wants the court to restrain the respondents and their agents from using or tendering any evidence seized from his residence and order the ICPC and police to return the items allegedly taken during the operation.
In the originating motion filed on February 20 by Oluwole Iyamu, SAN, El-Rufai alleged that ICPC and police operatives invaded and searched his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2pm.
He argued that the operation was conducted pursuant to an invalid warrant and constituted a violation of Sections 34, 35, 36 and 37 of the 1999 Constitution.
The case initially included the Chief Magistrate of the Federal Capital Territory as a respondent.
However, the magistrate was later removed from the suit after El-Rufai was unable to identify the particular magistrate who had been named as the second respondent.
In its counter-affidavit, the ICPC denied violating El-Rufai’s rights and said the search followed a petition received against the former governor.
The commission said it commenced an investigation based on the petition and subsequently obtained a search warrant issued on February 18, which was executed the following day between 1:37pm and 3:56pm at the Abuja residence.
According to the ICPC, its operatives were accompanied by police personnel 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 former governor’s suit.
The police, in its own counter-affidavit deposed to by Inspector Ewa Anthony, maintained that its officers acted within their statutory powers to detect, arrest, investigate and prosecute suspected offenders.
The police argued that the search was carried out pursuant to a valid warrant issued by a competent court and rejected El-Rufai’s claim that the warrant was invalid.
It also maintained that its officers complied with applicable legal procedures while executing the warrant.
The police accused El-Rufai of attempting to use the court to shield himself from an ongoing security investigation and possible prosecution.
It consequently urged the court to dismiss the suit in its entirety.
