Former Kaduna State Governor Nasir El-Rufai has instituted a N1 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.
In the suit marked FHC/ABJ/CS/345/2026 and filed at the Federal High Court, Abuja, El-Rufai named the ICPC as the first respondent. He also joined the Chief Magistrate of the Magistrate’s Court of the FCT, the Inspector-General of Police, and the Attorney-General of the Federation as second to fourth respondents.
Through his legal team led by Oluwole Iyamu, SAN, the former governor is asking the court to declare that the search warrant issued on February 4 is invalid, null, and void. He argued that the warrant lacked specificity, contained material drafting errors, was overly broad, and was issued without probable cause, thereby violating his constitutional right to privacy under Section 37.
El-Rufai further contended that the execution of the warrant at his residence on House 12, Mambilla Street, Aso Drive, Abuja, on February 19 amounted to a breach of his rights to dignity, personal liberty, fair hearing, and privacy as guaranteed under Sections 34, 35, 36, and 37 of the Constitution.
He is seeking, among other reliefs, an order restraining the respondents from relying on any materials seized during the search and directing the immediate return of all items taken from his residence. He also asked the court to declare that any evidence obtained from the operation is inadmissible in any proceedings against him.
The former governor is demanding N1 billion in general, exemplary, and aggravated damages, broken down into N300 million as compensatory damages for psychological trauma and emotional distress, N400 million as exemplary damages to deter future misconduct, and N300 million as aggravated damages for what he described as the oppressive and malicious conduct of the respondents. He is also seeking N100 million as the cost of filing the suit.
In his grounds of argument, Iyamu maintained that the warrant contravened provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the ICPC Act 2000, particularly Sections 143 to 148 of the ACJA, which require specificity, proper form, and reasonable grounds for suspicion in the issuance of search warrants.
According to an affidavit deposed to by Mohammed Shaba, a Principal Secretary to El-Rufai, officers of the ICPC and the Nigeria Police Force carried out the search without lawful authority, seized documents and electronic devices, and failed to comply with procedural requirements, including submitting themselves for search before conducting the operation.
The suit is asking the court to hold that the alleged invasion was unconstitutional and to award damages for trespass, unlawful seizure, psychological trauma, reputational harm, and other violations of his fundamental rights.
Erizia Rubyjeana
Follow us on:
