Proceedings in the fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, were on Tuesday stalled at the Federal High Court in Abuja due to the absence of counsel representing the respondents.
El-Rufai is seeking N1bn in damages over what he described as an unlawful search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission and the police.
The suit, marked FHC/ABJ/CS/345/2026, is before Justice Joyce Abdulmalik.
When the matter was called, only Ubong Akpan appeared for the applicant. There was no legal 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. He subsequently sought an adjournment to enable proper service.
Justice Abdulmalik adjourned the matter until March 11 for further mention.
The former governor 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 1st to 4th respondents, respectively.
In the originating motion dated February 20 and filed by his lead counsel, Oluwole Iyamu, El-Rufai is asking the court to declare invalid, null and void the search warrant issued on February 4 by the Chief Magistrate of the FCT Magistrate’s Court authorising the search and seizure at his residence.
He contended that the warrant lacked particularity, contained material drafting errors, was ambiguous in its execution parameters and overbroad in scope, and was not supported by probable cause. He argued that the alleged defects rendered the search unconstitutional and contrary to Section 37 of the 1999 Constitution.
El-Rufai further asked the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2pm by operatives of the ICPC and the police constituted a gross violation of his fundamental rights.
According to him, the action breached his rights to dignity of the human person, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the Constitution.
The applicant is also seeking a declaration that any evidence obtained pursuant to the disputed warrant is inadmissible in any proceedings against him, having been procured in breach of constitutional safeguards.
He is praying the court for an order restraining the respondents and their agents from relying on, using or tendering any items seized during the search in any investigation or prosecution involving him.
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El-Rufai further urged the court to direct the ICPC and the Inspector-General of Police to immediately return all items allegedly seized from his residence, along with a detailed inventory.
In addition to the declaratory and injunctive reliefs, he is claiming N1bn as general, exemplary and aggravated damages. The breakdown includes N300m as compensatory damages for alleged psychological trauma and emotional distress, N400m as exemplary damages to deter what he termed misconduct by law enforcement agencies, and N300m as aggravated damages for alleged high-handed conduct. He also claimed N100m as the cost of filing the suit, including legal fees.
In his grounds of argument, Iyamu maintained that the search warrant was defective for allegedly lacking specificity in the description of items to be seized, containing typographical errors and overbroad directives without verifiable probable cause.
He argued that the alleged deficiencies contravened Sections 143 to 148 of the Administration of Criminal Justice Act, 2015, Section 36 of the ICPC Act, 2000, and relevant constitutional provisions protecting citizens from arbitrary intrusion.
The matter is expected to come up again on March 11.
