The Federal High Court in Abuja has condemned the 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.
The presiding judge, Justice Joyce Abdulmalik, faulted the application after Ugochukwu Nnakwu, who appeared for El-Rufai, informed the judge that he had been unable to serve the magistrate, sued alongside others as the second respondent in the case.
When the case was called on Wednesday, March 25, 2026, all the parties, except the second respondent (magistrate), were represented in court.
Isaac Akwo, who appeared for ICPC, prayed the court to stand the matter down until 12 noon to enable his superior, Abdu Mohammed (SAN), who was at the Supreme Court for another case, to handle the matter.
But Justice Abdulmalik declined the request, saying she had another meeting to attend.
The judge then inquired about the second respondent.
Responding, Nnakwu told the court that “the second respondent had not yet been served” and that he had filed a substituted service application in that regard.
Nnakwu then began to move the motion for substituted service before the judge interrupted.
She asked the lawyer to specify the particular chief magistrate listed in the suit.
Nnakwu, therefore, acknowledged the judge’s intervention and sought an adjourned date to regularise the process.
Lawyers who appeared for other respondents, including R.N. Maiguru (Inspector-General of Police) and Chima Augustine for the Attorney-General of the Federation (AGF), did not oppose the application.
ICPC charges El-Rufai with N579.7m fraud, $817,900 suspicious transactions
Justice Abdulmalik subsequently adjourned the matter until March 31 for hearing of pending motion.
The judge also ordered that a hearing notice be issued and served on the 2nd respondent.
El-Rufai is demanding N1 billion in damages against ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, the IGP, and the AGF.
El-Rufai asked the court to declare the February 19 search of his residence by the ICPC and the Nigeria Police Force as unlawful and a violation of his fundamental rights.
In the suit filed by his lawyer, Oluwole Iyamu (SAN), El-Rufai also requested the court to reject any evidence obtained during the search, order the return of seized items, restrain authorities from using them, and award him N1 billion in damages.
However, the ICPC opposed the suit, stating it acted on a petition and executed a valid search warrant issued on February 18, urging the court to dismiss the case.
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