Abuja: Former Governor Nasir El-Rufai of Kaduna State has initiated a N1 billion fundamental rights enforcement lawsuit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC). He alleges an unlawful invasion of his Abuja residence, seeking judicial redress for what he terms as a violation of his constitutional rights.
According to News Agency of Nigeria, El-Rufai, represented by a legal team led by Oluwole Iyamu, SAN, is challenging the validity of a search warrant issued on February 4 by the Chief Magistrate of the FCT Magistrate’s Court. The warrant authorized a search and seizure at his residence, which El-Rufai contends was invalid, citing issues such as lack of particularity, drafting errors, ambiguity, overbreadth, and absence of probable cause.
The former governor has named the ICPC as the first respondent in the case, with the Chief Magistrate, Inspector-General of Police, and Attorney-General of the Federation listed as the second to fourth respondents, respectively. The lawsuit, filed on February 20, seeks seven reliefs, including declarations that the search was unlawful and that any evidence obtained is inadmissible. He also requests the return of seized items and an injunction against further use of the evidence.
El-Rufai is demanding N1 billion in damages for the violations, citing trespass, unlawful seizure, psychological trauma, and reputational harm. His breakdown includes N300 million for emotional distress, N400 million as exemplary damages, and N300 million for aggravated damages. Additionally, he seeks N100 million to cover legal costs.
In his argument, Iyamu criticized the search warrant for being fundamentally flawed, lacking specificity, and containing typographical errors. He referenced several sections of the Administration of Criminal Justice Act and the ICPC Act, arguing that the warrant contravened legal standards and constitutional protections against arbitrary searches.
Supporting the application, Mohammed Shaba, Principal Secretary to El-Rufai, detailed the events of February 19, when ICPC and police officers allegedly invaded the residence with an invalid warrant. Shaba argued that the officers did not adhere to legal procedures and seized items without lawful authority, leading to humiliation and distress for El-Rufai.
The lawsuit underscores El-Rufai’s contention that the search was conducted without legal justification, and he insists on the inadmissibility of any evidence obtained during the raid. The case references judicial precedents to support his claims, emphasizing the need for adherence to constitutional safeguards in law enforcement activities.