Former Kaduna State Governor, Nasir El-Rufai has instituted a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and other related offences Commission (ICPC), challenging what he described as the unlawful invasion and search of his Abuja residence.
The suit, marked FHC/ABJ/CS/345/2026, was filed at the Federal High Court, Abuja, on February 20 by his counsel, Oluwole Iyamu (SAN).
El-Rufai is contesting the legality of a search warrant issued on February 4 by a chief magistrate of the FCT Magistrates’ Court, which authorised operatives to search his residence.
In his application, the former governor asked the court to declare the warrant null and void, arguing that it lacked specificity, contained drafting errors, and failed to establish probable cause.
He contended that the warrant’s alleged defects rendered the search unconstitutional and in violation of his right to privacy as guaranteed under Section 37 of the 1999 Constitution (as amended).
El-Rufai named the ICPC as the first respondent, while the chief magistrate of the FCT Magistrates’ Court, the inspector-general of police, and the attorney-general of the federation were listed as second to fourth respondents, respectively.
He is seeking seven reliefs, including a declaration that the search conducted at his residence on Mambilla Street, Aso Drive, Abuja, on February 19 by operatives of the ICPC and the police breached his fundamental rights to dignity, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the constitution.
The former governor further urged the court to rule that any evidence obtained during the search is inadmissible in any proceedings against him, having allegedly been procured in violation of constitutional safeguards.
He also requested an order directing the ICPC and the inspector-general of police to return all items seized during the operation, alongside a detailed inventory.
El-Rufai is demanding ₦1 billion in general, exemplary, and aggravated damages for what he described as trespass, unlawful seizure, psychological trauma, and reputational harm.
The claim comprises ₦300 million as compensatory damages for emotional distress, ₦400 million as exemplary damages to deter future misconduct, and ₦300 million as aggravated damages for the alleged oppressive conduct of the respondents.
He also sought ₦100 million as litigation costs.
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In his legal arguments, Iyamu maintained that the warrant contravened provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the ICPC Act 2000.
He argued that the document failed to clearly specify the items sought, contained typographical errors, and broadly authorised “all officers” without defined limits.
The counsel cited judicial precedents, including C.O.P. v. Omoh (1969) and Fawehinmi v. IGP (2000), to support the position that evidence obtained through unlawful means should be excluded.
In a supporting affidavit, Mohammed Shaba, identified as a principal secretary to the former governor, alleged that officers stormed the residence under a defective warrant and seized personal documents and electronic devices without following due process.
He claimed the operation caused humiliation and emotional distress, adding that the seized items have yet to be returned.
The suit seeks judicial intervention to safeguard the applicant’s constitutional rights and restrain the respondents from relying on any materials recovered during the disputed search.
