Abuja: The Federal High Court in Abuja has adjourned a fundamental rights enforcement suit filed by Nasir El-Rufai, the former governor of Kaduna State, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others. The case, which demands N1 billion in damages, has been postponed until March 25 for hearing, with Justice Joyce Abdulmalik citing the need for parties involved to regularize their processes.
According to News Agency of Nigeria, El-Rufai’s suit names the ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja, the Inspector-General of Police (I-G), and the Attorney-General of the Federation (AGF) as the first to fourth respondents, respectively. During the court proceedings, El-Rufai’s counsel, Ubong Akpan, indicated that while they had responded to ICPC’s counter affidavit, they had yet to address the I-G’s submission.
Both the ICPC’s lawyer, Abdulsufiano Abubakar, and the police counsel, Ezekiel Rimamsomte, confirmed Akpan’s statement. Consequently, Justice Abdulmalik adjourned the case until March 25 for a hearing and instructed that the second and fourth respondents, who were not present in court, be served with hearing notices.
In his originating motion, El-Rufai requested the court to declare the ICPC and I-G’s search of his residence a violation of his fundamental rights, citing breaches of personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution. He also sought an injunction to prevent the respondents from using any evidence obtained during the search and requested the return of all items seized during the operation.
The ICPC countered these claims, stating that the search was conducted under a valid warrant issued on February 18, following a petition against El-Rufai. The operation, which took place at El-Rufai’s Abuja residence, was reportedly witnessed by his wife and son.
The police, in their counter affidavit, maintained that the search was conducted legally and was backed by a valid court-issued warrant. They argued that El-Rufai is attempting to evade legal investigation and prosecution, and requested the court to dismiss the suit entirely.