March 25, (THEWILL) — The Federal High Court in Abuja on Wednesday adjourned the N1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, citing improper filing and failure to effect service on a key respondent in the matter.
Justice Joyce Abdulmalik identified procedural lapses in the application after El-Rufai’s counsel, Ugochukwu Nnakwu, informed the court that the second respondent (a chief magistrate listed in the suit), had not yet been served with the originating processes.
At the hearing, all parties except the said magistrate were represented. Counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Isaac Akwo, requested that the matter be stood down to enable senior counsel, Abdu Mohammed, SAN, to appear. However, the judge declined the request, citing a prior official engagement.
The court then drew attention to the absence of the second respondent. Nnakwu admitted that service had not been effected and disclosed that an application for substituted service had been filed.
While attempting to move the motion, Justice Abdulmalik interrupted proceedings, noting that the specific identity of the magistrate had not been clearly stated in the application.
“You are supposed to include his name in your application,” the judge ruled, stressing the need for precision in legal filings.
Following the court’s intervention, Nnakwu acknowledged the oversight and sought an adjournment to regularise the processes. Counsel to other respondents, including the Inspector-General of Police and the Attorney-General of the Federation, did not oppose the application.
Justice Abdulmalik subsequently adjourned the matter until March 31 for the hearing of pending motions and ordered that a hearing notice be issued and served on the second respondent.
In the suit marked FHC/ABJ/CS/345/2026, El-Rufai is seeking N1 billion in damages against the ICPC, the chief magistrate, the Inspector-General of Police, and the Attorney-General of the Federation, listed as first to fourth respondents.
Through his counsel, Oluwole Iyamu, SAN, the former governor is seeking seven reliefs, including declarations that the February 19 search of his residence in Abuja violated his fundamental rights.
El-Rufai argued that the operation, allegedly carried out by ICPC operatives in conjunction with police officers at his Asokoro residence, breached his constitutional rights to dignity, personal liberty, fair hearing, and privacy, as guaranteed under Sections 34, 35, 36, and 37 of the 1999 Constitution.
He also urged the court to declare inadmissible any evidence obtained during the search, describing the warrant as invalid and the operation as unlawful. He further sought an order compelling the return of all items seized from his residence, alongside an inventory, and an injunction restraining the respondents from relying on such materials in any investigation or prosecution.
In its counter-affidavit, the ICPC maintained that its actions were based on a petition and carried out pursuant to a valid search warrant issued on February 18 and executed the following day. The commission stated that the search was conducted in the presence of El-Rufai’s wife and son, and in collaboration with personnel of the Nigeria Police Force.
Similarly, the police, in a separate affidavit, defended the operation, insisting it was lawful and executed in line with statutory powers and due process. It rejected claims that the warrant was invalid and argued that the applicant was attempting to use the court to obstruct an ongoing investigation.
Both the ICPC and the police urged the court to dismiss the suit in its entirety for lacking merit.
The matter is expected to resume on March 31.
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