A fundamental rights enforcement suit instituted by Nasir el-Rufai, former governor of Kaduna state, was stalled on Tuesday at the Federal High Court in Abuja over failure to serve the respondents.
When the matter came up before Joyce Abdulmalik, the
presiding judge, Ubong Akpan, counsel to the former governor, told the court
that the defendants had not been served with the originating processes.
Akpan said although the case was scheduled for mention,
service had not been effected on the respondents. He sought an adjournment to
enable his team comply.
Abdulmalik adjourned the matter to March 11 for further
mention.
BACKGROUND
On February 19, the ICPC, which is probing el-Rufai over
alleged financial improprieties during his tenure as governor of Kaduna state
between 2015 and 2023, raided his home in Abuja.
TheCable reported that el-Rufai filed a N1 billion suit
challenging what he described as the “unlawful invasion” of his Abuja
residence.
In the suit marked FHC/ABJ/CS/345/2026, the former governor
named ICPC as first respondent. Also joined are the chief magistrate of the FCT
magistrate court, who issued the warrant, the inspector-general of police, and
the attorney-general of the federation.
El-Rufai is asking the court to nullify a search warrant
issued on February 4 by the FCT magistrate court, which authorised security
operatives to search his residence at 12 Mambilla Street, Aso Drive, Abuja.
He argued that the warrant is invalid for “lack of
particularity, material drafting errors, ambiguity in execution parameters,
overbreadth, and absence of probable cause”, noting that it violates section 37
of the constitution which guarantees the right to privacy.
In the originating motion filed on February 20 by Oluwole
Iyamu, el-Rufai is seeking seven reliefs.
He is asking the court to declare that the search conducted
at about 2pm on February 19 by operatives of the ICPC and the police violated
his fundamental rights to dignity, personal liberty, fair hearing and privacy
under sections 34, 35, 36 and 37 of the Constitution.
He is also seeking a declaration that any evidence obtained
from the search is inadmissible in any proceedings against him on the grounds
that it was procured in breach of constitutional safeguards.
He wants an order restraining the respondents from relying
on or tendering items seized during the search in any investigation or
prosecution involving him.
He is also praying for an order directing the ICPC and the
inspector-general of police to return all items allegedly seized from his
residence, along with a detailed inventory.
El-Rufai is demanding N1 billion in general, exemplary and
aggravated damages.
According to the breakdown in the suit, N300 million is
claimed as compensatory damages for psychological trauma and emotional
distress; N400 million as exemplary damages to deter what he termed misconduct
by law enforcement agencies; and N300 million as aggravated damages for what he
described as “malicious, high-handed and oppressive” actions.
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