March 03, (THEWILL) — The fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others suffered a setback on Tuesday, after his lawyer informed the court that the respondents had not been served with court processes.
The matter, which came up before Justice Joyce Abdulmalik of the Federal High Court, Abuja, could not proceed when it was called due to the absence of legal representation for the respondents.
When the case was mentioned, only Ubong Akpan, counsel to the former governor, was present in court. He told the court that although the case was slated for mention, his team had been unable to serve the respondents with the relevant documents.
Akpan consequently sought an adjournment to enable proper service of court processes. Justice Abdulmalik granted the request and adjourned the case until March 11 for further mention.
El-Rufai is demanding ₦1 billion in damages from the ICPC, named as the first respondent, alongside the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory (FCT), Abuja; the Inspector-General of Police; and the Attorney-General of the Federation, listed as second to fourth respondents respectively.
In the suit marked FHC/ABJ/CS/345/2026 and filed on February 20 by his legal team, led by Oluwole Iyamu, SAN, the former governor is challenging the validity of a search warrant issued on February 4 by the Chief Magistrate of the FCT Magistrate’s Court.
He is asking the court to declare the warrant null and void on grounds of “lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause”, arguing that it constituted an unlawful and unreasonable search contrary to Section 37 of the 1999 Constitution.
El-Rufai is also seeking a declaration that the invasion and search of his Abuja residence at House 12, Mambilla Street, Aso Drive, on February 19, at about 2 p.m. by officials of the ICPC and the police amounted to a gross violation of his fundamental rights.
He contends that the action infringed on his rights to the dignity of the human person, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the Constitution.
Among the seven reliefs sought, the former governor is requesting an order declaring that any evidence obtained from the search is inadmissible in any proceedings against him, having been procured in breach of constitutional safeguards.
He further prayed the court for an injunction restraining the respondents from using or tendering any items seized during the search in any investigation or prosecution involving him, and an order directing the ICPC and the Inspector-General of Police to return all seized items, alongside a detailed inventory.
El-Rufai is also seeking ₦1 billion as general, exemplary and aggravated damages. The breakdown includes ₦300 million in compensatory damages for psychological trauma and emotional distress; ₦400 million as exemplary damages to deter future misconduct by law enforcement agencies; and ₦300 million as aggravated damages for what he described as malicious and oppressive conduct.
Additionally, he is seeking ₦100 million as the cost of filing the suit, including legal fees and associated expenses.
In his grounds of argument, Iyamu maintained that the search warrant was fundamentally defective, citing alleged violations of Sections 143 to 148 of the Administration of Criminal Justice Act (ACJA), 2015, Section 36 of the ICPC Act, 2000, and constitutional provisions against arbitrary intrusion.
He argued that the warrant lacked specificity in describing the items to be seized and failed to establish verifiable probable cause, rendering the search unconstitutional and unlawful.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
