The Federal High Court in Abuja, on Wednesday, adjourned a fundamental rights enforcement suit filed by former Gov. Nasir El-Rufai of Kaduna State against Independent Corrupt Practices and Other Related Offences Commission, ICPC, and four others until March 25 for hearing.
Justice Joyce Abdulmalik adjourned the case to allow parties
in the suit regularise their processes.
El-Rufai is demanding N1 billion in damages against ICPC,
the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja;
Inspector-General of Police and the Attorney-General of the Federation, AGF,
named as 1st to 4th respondents respectively.
When the case was called, Ubong Akpan, who appeared for
El-Rufai, informed the court that the matter was fixed for hearing.
However, he said they had just responded to ICPC’s counter
affidavit but yet to respond to that of the IGP.
Abdulsufiano Abubakar, ICPC’s lawyer, and the police
counsel, Ezekiel Rimamsomte, confirmed Akpan’s submission.
Justice Abdulmalik consequently adjourned the matter until
March 25 for hearing.
The judge ordered that the 2nd respondent (Chief Magistrate)
and 4th respondent (AGF), who were not represented in court, be issued and
served with hearing notices.
The former governor, in an originating motion on notice
marked: FHC/ABJ/CS/345/2026, dated and filed February 20 by Oluwole Iyamu, SAN,
sought seven reliefs.
He prayed the court to declare that the invasion and search
of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on Feb. 19 at
about 2pm by the ICPC and I-G, amounts to a gross violation of the applicant’s
fundamental rights .
He said that it was a violation to the dignity of the human
person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36,
and 37 of the Constitution.”
He 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.”
El-Rufai, therefore, sought an order of injunction
restraining the respondents and their agents from further relying on, using, or
tendering any evidence or items seized during the unlawful search in any
investigation, prosecution, or proceedings involving him.
He sought an order directing the Ist and 3rd respondents
(ICPC and I-G) to forthwith return all items seized from the applicant’s
premises during the unlawful search, together with a detailed inventory
thereof.
He also sought an order awarding the sum of
N1,000,000,000.00 (One Billion Naira) as general, exemplary, and aggravated
damages, among others.
Responding, in its counter affidavit, the ICPC said it
received a petition against El-Rufai and acting on the petition, it commenced
an investigation, leading to the search at his residence.
It argued that its operatives acted under a valid search
warrant issued on Feb. 18 and executed on February 19 between 1:37pm and 3:56pm
at 12 Mambilla Street, Asokoro, Abuja.
The commission said its officials were accompanied by
personnel of the Nigeria Police Force, and that the exercise was witnessed by
El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, urged the court to dismiss the suit.
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