The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has prayed the Federal High Court in Abuja, to dismiss a N1billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, over the search of his Abuja residence by anti-corruption operatives.
Key Highlights
- AGF Lateef Fagbemi has urged the Federal High Court in Abuja to dismiss Nasir El-Rufai’s ₦1 billion fundamental rights suit.
- El-Rufai filed the suit over an ICPC search of his Abuja residence on February 19, 2026.
- He is challenging the validity of the search warrant, alleging drafting errors, insufficient details and lack of probable cause.
- El-Rufai claims the search violated his constitutional rights to privacy, dignity, personal liberty and fair hearing.
- Fagbemi, ICPC and the police maintain that the search was lawfully conducted under a valid court-issued warrant.
Fagbemi, represented by a lawyer from the Federal Ministry of Justice, Maimuna Lami-Shiru, told Justice Joyce Abdulmalik that the former governor has failed to establish a reasonable cause of action to justify the reliefs contained in his suit.
The matter, filed as FHC/ABJ/CS/345/2026, has the Independent Corrupt Practices and other related offences Commission (ICPC) and the Inspector-General of Police, Tunji Disu, as respondents.
El-Rufai filed the action after ICPC operatives searched his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19.
The former governor is challenging the validity of the search warrant used during the operation, which was dated February 18 and issued by a chief magistrate.
El-Rufai is asking the court to declare the warrant invalid and void, alleging that it contained drafting errors and lacked sufficient details regarding the scope and execution of the search.
He also argued that the warrant was overly broad and issued without probable cause, which he said made the search an unlawful interference with his constitutionally protected right to privacy.
The former governor further alleged that the search and seizure of property from his residence violated his rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the 1999 Constitution.
At Monday’s proceedings, Fagbemi told the court that he has filed a counter-affidavit disputing the competence of the suit.
Fagbemi denied that El-Rufai’s fundamental rights were violated, maintaining that the ICPC and police acted within their legal powers, while executing the search warrant.
He consequently urged the court to dismiss the case.
Justice Abdulmalik adjourned proceedings until October 27, to enable El-Rufai’s lawyer, Akinyemi Aremu, respond to Fagbemi’s counter-affidavit.
The ICPC had previously filed a counter-affidavit seeking the dismissal of the suit.
The commission said the search formed part of an investigation into a petition involving the former governor and insisted that its operatives acted under a valid warrant issued by a competent court.
According to the ICPC, police officers accompanied its officials during the operation, which was conducted in the presence of El-Rufai’s wife, Hadiza, and his son, Mohammed.
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The police also defended the operation, citing its statutory responsibility to detect, arrest, investigate and prosecute offenders.
In a counter-affidavit deposed to by Inspector Ewa Anthony, the police maintained that its officers lawfully executed the warrant issued by the court.
El-Rufai is seeking an order preventing the respondents from using or tendering any evidence obtained during what he describes as an unlawful search.
He is also asking the court to restrain the respondents from relying on any of the seized items in investigations or criminal proceedings involving him.
In addition, the former governor wants the ICPC and the police to return the seized property and provide a detailed inventory of the items.
The materials listed by the ICPC include mobile phones, electronic storage devices, flash drives, a MicroSD card, a reMarkable tablet and an Apple MacBook Pro, among other items.
