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| Photo Credit: Nasir El-Rufai |
The Federal High Court in Abuja has adjourned until 27 October a fundamental rights enforcement suit in which former Kaduna State Governor Nasir El-Rufai is seeking ₦1 billion in damages from the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police, and the Attorney-General of the Federation.
Justice Joyce Abdulmalik fixed the new date on Monday after counsel for the Attorney-General of the Federation, Lateef Fagbemi, informed the court that a counter-affidavit opposing the claims had been filed. The judge granted an application by the AGF’s lawyer, Maimuna Lami-Shiru, to regularise the late filing so that the document would be deemed properly filed and served. El-Rufai’s counsel, Akinyemi Aremu, together with representatives of the Inspector-General of Police and the ICPC, did not oppose the request.
The suit arises from a search conducted on 19 February at El-Rufai’s residence in Abuja by ICPC operatives assisted by police officers. El-Rufai maintains that the operation violated his constitutional rights to dignity, personal liberty, fair hearing, and privacy. He is asking the court to declare the search unlawful, to rule that any evidence recovered is inadmissible, and to order the return of seized items, in addition to the monetary damages.
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The ICPC has rejected the allegations of wrongdoing. The commission states that it acted on a petition, obtained a valid search warrant from a competent court, and carried out the operation in accordance with legal procedures. It has urged the court to dismiss the suit.
Earlier procedural developments in the case included the withdrawal of the Chief Magistrate of the FCT Magistrates’ Court as a respondent after issues arose concerning proper identification. The matter is now listed for definite hearing on 27 October, giving El-Rufai’s legal team time to reply to the AGF’s counter-affidavit.
This type of fundamental rights action is relatively common in Nigeria when individuals challenge the manner in which anti-corruption agencies or police execute search warrants. Courts typically examine whether the warrant was validly issued, whether the execution complied with constitutional safeguards, and whether any resulting seizure or evidence collection was lawful. The outcome of this particular suit will depend on the evidence and arguments presented at the October hearing.
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