The Federal Government has urged the Federal High Court in Abuja to dismiss the ₦1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir el-Rufai, over the search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission. The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, made the request in a counter-affidavit filed in opposition to the suit.
The suit, marked FHC/ABJ/CS/345/2026, was filed by el-Rufai challenging the validity of the search warrant used in the operation, alleging that it contained material drafting errors and was improperly executed. He is seeking the return of the seized items and ₦1 billion in general, exemplary and aggravated damages. The AGF argued that the ICPC and the Inspector-General of Police acted within the law when they searched el-Rufai’s residence and seized items considered relevant to an ongoing investigation.
The AGF, through counsel from the Federal Ministry of Justice, Maimuna Lami-Shiru, told the court that el-Rufai’s action amounted to an abuse of court process because two other suits concerning the same subject matter are already pending before the Federal Capital Territory High Court. The Federal Government questioned the competence of the action, arguing that el-Rufai had not established sufficient grounds for the Federal High Court to grant the reliefs contained in his application.
In the counter-affidavit, the AGF argued that the items seized during the operation were necessary to facilitate the completion of the investigation being conducted by the anti-corruption agency. The AGF further argued that el-Rufai failed to disclose any reasonable cause of action capable of warranting the reliefs sought from the court. The government’s position is that the search and seizure were undertaken as part of a lawful investigation and that the agencies involved acted pursuant to their statutory powers.
El-Rufai is challenging the legality of the search of his residence at Aso Drive, Abuja, which was conducted pursuant to a search warrant dated February 4 and issued by an FCT magistrate. He argued that the warrant was legally defective because of what he described as “material drafting errors and ambiguity in execution parameters.” According to him, the search and invasion of his residence pursuant to the allegedly defective warrant amounted to a gross violation of his fundamental rights.
The Federal Government also urged the Federal High Court to dismiss the action on the basis that it constitutes an abuse of court process. The AGF consequently urged the court to dismiss the suit for failure to establish a reasonable cause of action. Justice Joyce Abdulmalik, who is presiding over the case, adjourned proceedings to October 27, 2026, to enable el-Rufai’s legal team to respond to the AGF’s counter-affidavit.
The case has significant implications for the rule of law and the fight against corruption in Nigeria. The outcome will determine whether the ICPC and other law enforcement agencies can conduct searches and seizures without being held accountable for any perceived errors in the process. The case will also have implications for el-Rufai’s reputation and any potential future political ambitions.
Key points
- The Federal Government has urged the Federal High Court in Abuja to dismiss the ₦1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir el-Rufai.
- The AGF argued that the ICPC and the Inspector-General of Police acted within the law when they searched el-Rufai’s residence and seized items considered relevant to an ongoing investigation.
- The case has significant implications for the rule of law and the fight against corruption in Nigeria.
