The Federal High Court in Abuja has adjourned a N1 billion rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police, and the Attorney-General of the Federation (AGF) until 27 October for definite hearing. The suit, which was filed by El-Rufai's lawyer, Akinyemi Aremu, seeks damages and declarations that the invasion and search of his Abuja home by the ICPC on 19 February was a gross violation of his fundamental rights.
According to the News Agency of Nigeria (NAN), Judge Joyce Abdulmalik adjourned the suit to allow El-Rufai's lawyer to respond to a counter-affidavit filed by the AGF opposing the claims. The AGF's lawyer, Maimuna Lami-Shiru, had sought the court's leave to move her motion requesting an extension of time to deem their counter-affidavit opposing the main suit as properly filed and served. El-Rufai's lawyer, the IGP's lawyer, Ezekiel Rimamsomte, and the ICPC's counsel did not oppose the application, and the judge granted it as prayed.
El-Rufai had sued the ICPC, the Chief Magistrate at the Magistrate's Court of the FCT, Abuja, the IGP, and the AGF, but later dropped the magistrate from the case because he could not specify which magistrate allegedly issued the order permitting the search of his Abuja home. In the suit, El-Rufai sought N1 billion in damages against the ICPC, the IGP, and the AGF, and urged the court to declare that the invasion and search of his residence was a gross violation of his fundamental rights.
The ICPC, in its counter-affidavit, stated that it received a petition against El-Rufai and, acting on it, commenced an investigation that led to the search at his residence. The commission argued that its operatives acted under a valid search warrant issued on 18 February and executed on 19 February between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja. The ICPC listed items allegedly recovered from the residence and urged the court to dismiss the suit.
The police, in its counter-affidavit deposed to by Insp Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate, and prosecute offenders. The police argued that the search carried out at El-Rufai's residence was executed pursuant to a search warrant issued by a competent court of law. The anti-graft agency disagreed with El-Rufai that the search warrant was invalid, insisting that it was a genuine court order.
The ICPC and the police prayed the court to dismiss El-Rufai's suit in its entirety, arguing that the ex-governor is trying to use the court to shield him away from security investigation and prosecution in the court of law. El-Rufai's lawyer had urged the court to declare that any evidence obtained pursuant to the alleged invalid warrant and unlawful search is inadmissible in any proceedings against his client.
The case has been adjourned until 27 October for definite hearing, with the court yet to rule on the conflicting claims of the parties. Key issues to be determined include the validity of the search warrant and whether the ICPC and police complied with applicable legal procedures in executing the search warrant at El-Rufai's residence.
Key points
- The Federal High Court in Abuja has adjourned Nasir El-Rufai's N1 billion suit against the ICPC, AGF, and police until 27 October.
- El-Rufai is seeking damages and declarations that the ICPC's search of his Abuja home was a gross violation of his fundamental rights.
- The ICPC and police have prayed the court to dismiss El-Rufai's suit, arguing that the search was executed pursuant to a valid search warrant and that the ex-governor is trying to shield himself from investigation and prosecution.
