The Federal High Court, Abuja Division, on Monday adjourned a N1 billion rights suit filed by former Governor of Kaduna State, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others until October 27 for a definite hearing.
Others named in the suit are the Inspector-General (IG) of police and the Attorney-General of the Federation (AGF) as the second and third respondents, respectively.
Justice Joyce Abdulmalik adjourned the suit to allow counsel to the former governor, Akinyemi Aremu, to respond to the counter affidavit filed by the AGF opposing the claims.
When the case was called, Mr Aremu informed the court that the matter was scheduled for hearing.
Counsel for the AGF, Maimuna Lami-Shiru, however, told the court that the AGF had filed a counter affidavit.
She prayed the court for leave to move their motion seeking an extension of time to deem their counter affidavit as being properly filed and served.
El-Rufai’s lawyer, Mr Aremu; Ezekiel Rimamsomte, who appeared for the IG, and the ICPC counsel did not oppose the application, and the judge granted it as prayed.
Mrs Abdulmalik then adjourned the case until October 27 for a definite hearing.
Earlier in the suit, the ex-governor sued the ICPC, the chief magistrate at the Magistrate’s Court of the FCT, Abuja, the IG, and the AGF as first to fourth 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 second respondent, after the judge made the observation.
Mr El-Rufai is, therefore, demanding N1 billion in damages against ICPC, the IG and the AGF.
In an originating motion on notice marked FHC/ABJ/CS/345/2026, dated and filed February 20 by Oluwole Iyamu, SAN, the former governor 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 February 19 at about 2:00 p.m. by the ICPC and IG amounts to a gross violation of the applicant’s fundamental rights.
He said it violated 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.”
Mr 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 first and third respondents (ICPC and IG) 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 N1,000,000,000.00 (one billion naira) as general, exemplary, and aggravated damages, among others.
In its counter affidavit, the ICPC said it received a petition against Mr El-Rufai and, acting on it, commenced an investigation that led to the search at his residence.
It argued that its operatives acted under a valid search warrant issued on February 18 and executed on February 19 between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
The commission said its officials were accompanied by Nigeria Police Force personnel and that the exercise was witnessed by Mr 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 police, also in its counter affidavit deposed to by Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate and prosecute offenders.
It argued that the search at Mr El-Rufai’s residence was carried out pursuant to a search warrant issued by a competent court of law.
The anti-graft agency disagreed with the ex-governor, insisting the search warrant was a genuine court order.
It said its officers who carried out the operation complied with all applicable legal procedures in executing the search warrant.
According to the police, the applicant is trying to use the honourable court to shield him from the security investigation and prosecution in court.
It, therefore, prayed the court to dismiss the suit in its entirety.