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 others was on Tuesday stalled at the Federal High Court, Abuja, following the absence of counsel for the respondents.
El-Rufai is seeking N1bn in damages over what he described as an unlawful search of his Abuja residence.
When the matter, marked FHC/ABJ/CS/345/2026, came up before Justice Joyce Abdulmalik, only Ubong Akpan appeared for the applicant, while there was no representation for the respondents.
Akpan informed the court that although the case was scheduled for mention, the respondents had yet to be served with the originating processes and requested an adjournment to enable proper service.
Justice Abdulmalik subsequently adjourned the case until March 11 for further mention.
El-Rufai had joined the ICPC, the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory, the Inspector-General of Police and the Attorney-General of the Federation as first to fourth respondents, respectively.
In the motion filed on February 20 by his lead counsel, Oluwole Iyamu, the former governor is asking the court to declare that the search warrant issued on February 4 by the FCT Chief Magistrate authorising a search of his residence is invalid, null and void.
He contended that the warrant lacked specificity, contained material drafting errors, was ambiguous in its execution parameters and overbroad in scope, and was not supported by probable cause, thereby violating his right to privacy under Section 37 of the Constitution.
El-Rufai further alleged that operatives of the ICPC and the police invaded his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2pm, in breach of his fundamental rights to dignity, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the 1999 Constitution.
He is also seeking a declaration that any evidence obtained from the search is inadmissible in any proceedings against him, having been procured in violation of constitutional safeguards.
The former governor urged the court to restrain the respondents from relying on or tendering any items seized during the search and to order the immediate return of all confiscated property along with a detailed inventory.
El-Rufai is claiming N1bn as general, exemplary and aggravated damages, including N300m for alleged psychological trauma and emotional distress, N400m as exemplary damages to deter future misconduct, and N300m as aggravated damages for what he described as malicious and oppressive conduct.
He also claimed N100m as the cost of filing the suit, covering legal fees and related expenses.
In his argument, Iyamu maintained that the search warrant contravened provisions of the Administration of Criminal Justice Act, 2015, and the ICPC Act, 2000, particularly regarding the requirement for written information on oath and specific description of items to be seized.
The matter is expected to resume on March 11.
- Tinubu orders immediate release of funds for space assets maintenance - March 3, 2026
- Lawyers’ absence stalls El-Rufai’s N1bn suit against ICPC - March 3, 2026
- Reps move to recover $7bn aviation debt from foreign airlines - March 3, 2026
