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Court Adjourns El-Rufai’s ₦1 Billion Rights Suit Against ICPC

Key Takeaways

  • Justice Joyce Abdulmalik of the Federal High Court, Abuja, adjourned ex-Kaduna State Governor, Nasir El-Rufai’s ₦1 billion rights suit against ICPC to October 27.
  • Attorney-General of the Federation’s counsel, Maimuna Lami-Shiru, filed a counter-affidavit and got time extension to regularise it, as all other parties raised no objection.
  • ICPC and police said they searched El-Rufai’s Abuja home on February 19 with a February 18 warrant, recovered items, and urged dismissal, while the case remains pending.

The Federal High Court in Abuja has adjourned until October 27 the hearing of a ₦1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other respondents.

Naija News reports that Justice Joyce Abdulmalik fixed the date on Monday to allow El-Rufai’s counsel, Akinyemi Aremu, to respond to a counter-affidavit filed by the Attorney-General of the Federation opposing the former governor’s claims.

The suit, marked FHC/ABJ/CS/345/2026, arose from the February 19 search of El-Rufai’s Abuja residence by ICPC operatives and police officers.

When the case was called, Aremu informed the court that it was scheduled for hearing.

However, counsel for the AGF, Maimuna Lami-Shiru, told the court that the Federal Government had filed a counter-affidavit and sought permission to move an application asking for an extension of time to regularise the process.

Aremu, counsel for the Inspector-General of Police, ACP Ezekiel Rimamsomte, and counsel for the ICPC did not oppose the application.

Justice Abdulmalik subsequently granted the request and adjourned the matter for definite hearing on October 27.

El-Rufai initially listed the ICPC, the Chief Magistrate of the FCT Magistrates’ Court, the Inspector-General of Police and the AGF as respondents.

The former governor later withdrew the magistrate from the case after the court questioned his inability to identify the particular magistrate being sued. The magistrate’s name was subsequently struck out.

El-Rufai is seeking ₦1 billion in damages from the remaining respondents.

In his originating motion, he asked the court to declare that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, 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 asking the court to rule that evidence obtained from what he described as an invalid warrant and unlawful search should not be admissible in proceedings against him.

The former governor further wants an order restraining the respondents from using or tendering items seized during the search and directing the ICPC and police to return the seized property with a detailed inventory.

In its counter-affidavit, the ICPC said it commenced an investigation after receiving a petition against El-Rufai.

The commission maintained that its operatives conducted the search pursuant to a warrant issued by a competent court on February 18 and executed the following day.

It said the operation took place between 1:37 pm and 3:56 pm at El-Rufai’s residence and was witnessed by his wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.

The anti-graft agency also listed items it said were recovered during the operation and urged the court to dismiss the former governor’s suit.

The police, in its own counter-affidavit, argued that it had the statutory authority to detect, arrest, investigate and prosecute suspected offenders.

It maintained that the search was conducted pursuant to a warrant issued by a competent court and rejected El-Rufai’s contention that the warrant was invalid.

The police further argued that its officers complied with applicable procedures while executing the warrant.

It accused the former governor of attempting to use the court proceedings to shield himself from an ongoing security investigation and prosecution, and urged the court to dismiss the suit.

The case remains pending before the Federal High Court.

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