A Federal High Court in Abuja has adjourned a N1 billion rights suit filed by former Governor of Kaduna State, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others until October 27 for definite hearing. The suit, filed by El-Rufai, seeks seven reliefs, including a declaration that the invasion and search of his residence by the ICPC and police amounts to a gross violation of his fundamental rights.
The court, presided over by Justice Joyce Abdulmalik, adjourned the suit to allow counsel to the former governor, Akinyemi Aremu, to respond to the counter affidavit filed by the Attorney-General of the Federation (AGF) opposing the claims. The AGF's counsel, Maimuna Lami-Shiru, informed the court that a counter affidavit had been filed, and prayed for a leave to move their motion seeking an extension of time to deem their counter affidavit as being properly filed and served.
El-Rufai's lawyer, Aremu, did not oppose the application, and the judge granted it as prayed. The former governor had sued the ICPC, the Inspector-General (IGP) of Police, and the AGF, demanding N1 billion in damages. He alleged that the search of his residence on February 19 was a violation of his dignity, personal liberty, fair hearing, and privacy under the Constitution.
In his originating motion, El-Rufai sought an order declaring that the search was unlawful and that any evidence obtained is inadmissible in any proceedings against him. He also sought an order restraining the respondents from further relying on or using any evidence or items seized during the search. Additionally, he sought an order directing the ICPC and IGP to return all items seized from his premises.
The ICPC, in its counter affidavit, stated that it received a petition against El-Rufai and commenced an investigation, leading to the search at his residence. The commission argued that its operatives acted under a valid search warrant issued on February 18 and executed on February 19. The ICPC listed items allegedly recovered from El-Rufai's residence and urged the court to dismiss the suit.
The police also filed a counter affidavit, arguing that it had the statutory power to detect, arrest, investigate, and prosecute offenders. The police disagreed with El-Rufai that the search warrant was invalid, insisting that it was a genuine court order. The police prayed the court to dismiss the suit in its entirety, stating that El-Rufai was trying to use the court to shield himself from security investigation and prosecution.
The case has been adjourned until October 27, when the court will hear the suit and determine whether El-Rufai's fundamental rights were indeed violated. The ICPC, police, and AGF have all filed counter affidavits opposing El-Rufai's claims, and the court will consider these in its ruling. The outcome of the case will have implications for El-Rufai's allegations of rights violations and the powers of the ICPC and police.
Key points
- The Federal High Court in Abuja has adjourned a N1 billion rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the ICPC and others until October 27.
- El-Rufai alleges that the ICPC and police violated his fundamental rights during a search of his residence on February 19.
- The ICPC, police, and AGF have all filed counter affidavits opposing El-Rufai's claims, urging the court to dismiss the suit.
