The Federal High Court in Abuja on Wednesday adjourned the hearing of a fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others until March 25.
Justice Joyce Abdulmalik postponed the case to enable the parties involved to regularise their processes.
El-Rufai is seeking N1 billion in damages against the ICPC, the Chief Magistrate of the Magistrate’s Court of the FCT in Abuja, the Inspector-General of Police, and the Attorney-General of the Federation (AGF), who are listed as the first to fourth respondents in the suit.
When the matter came up in court, Ubong Akpan, counsel to El-Rufai, informed the judge that the case had been scheduled for hearing.
However, he explained that while his team had responded to the ICPC’s counter affidavit, they were yet to file a response to the one submitted by the Inspector-General of Police.
Counsel to the ICPC, Abdulsufiano Abubakar, and the police lawyer, Ezekiel Rimamsomte, both confirmed Akpan’s statement.
Following this, Justice Abdulmalik adjourned the matter until March 25 for hearing.
The court also directed that the second respondent (the Chief Magistrate) and the fourth respondent (the AGF), who were absent in court, be served with hearing notices.
In the originating motion on notice marked FHC/ABJ/CS/345/2026, dated February 20 and filed by Oluwole Iyamu, SAN, the former governor is seeking seven reliefs.
He asked 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 p.m. by officials of the ICPC and the Inspector-General of Police violated his fundamental rights.
He said the action breached his rights to dignity of the human person, personal liberty, fair hearing, and privacy as guaranteed under Sections 34, 35, 36, and 37 of the Constitution.
El-Rufai also 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.”
He further requested an order restraining the respondents and their agents from relying on or presenting any items seized during the alleged unlawful search in any investigation, prosecution, or proceeding involving him.
In addition, he asked the court to direct the first and third respondents (ICPC and the Inspector-General of Police) to immediately return all items taken from his residence during the search, along with a detailed inventory.
He is also seeking an order awarding him N1,000,000,000 (one billion naira) as general, exemplary and aggravated damages, among other reliefs.
In response, the ICPC stated in its counter affidavit that it had received a petition against El-Rufai and commenced an investigation based on the allegations, which led to the search of his residence.
The commission maintained that its operatives acted on a valid search warrant issued on February 18 and executed the following day between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
It added that its officials carried out the operation alongside personnel of the Nigeria Police Force and that the search was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC therefore urged the court to dismiss the suit.
