Proceedings in a N1 billion fundamental rights enforcement suit filed by Nasir El-Rufai, former governor of Kaduna State, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other public officials were stalled on Tuesday at the Federal High Court, Abuja, due to the failure to serve the respondents.
The matter, which came up for mention before Justice Joyce Abdulmalik, could not proceed after counsel to the applicant informed the court that service had not been effected on the defendants.
Ubong Akpan, who held brief for the claimant, told the court that despite the scheduled hearing date, the respondents had yet to be served with the court processes. None of the respondents was represented in court.
Justice Abdulmalik subsequently adjourned the case until March 11 for further mention.
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El-Rufai is seeking N1 billion in general, exemplary and aggravated damages against the ICPC as the first respondent. Also joined in the suit are the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory (FCT), Abuja; the Inspector-General of Police; and the Attorney-General of the Federation.
In the originating motion on notice marked FHC/ABJ/CS/345/2026 and filed on February 20 by a legal team led by Oluwole Iyamu, SAN, the former governor is asking the court to nullify a search warrant issued on February 4 by the FCT Chief Magistrate.
The warrant authorised the search and seizure of items at his residence located at House 12, Mambilla Street, Aso Drive, Abuja. The search was executed on February 19 by operatives of the ICPC and the police.
El-Rufai is urging the court to declare the warrant invalid on the grounds of alleged lack of specificity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause.
He argues that the search violated his constitutional rights to dignity, personal liberty, fair hearing and privacy as enshrined in Sections 34, 35, 36 and 37 of the 1999 Constitution (as amended).
Among the seven reliefs sought, the applicant is requesting a declaration that any evidence obtained from the search is inadmissible in any proceedings against him, having been procured in breach of constitutional safeguards.
He is also seeking an order restraining the respondents from relying on or tendering any items seized during the search during any investigation or prosecution, as well as an order directing the immediate return of all items taken from his residence, accompanied by a detailed inventory.
Read also: ICPC says it recovered wiretapping devices from El-Rufai’s Abuja home
The N1 billion damages claim is broken down into N300 million as compensatory damages for alleged psychological trauma and emotional distress; N400 million as exemplary damages to deter what he described as misconduct by law enforcement agencies; and N300 million as aggravated damages for alleged oppressive and malicious actions. He is additionally claiming N100 million as the cost of filing the suit, including legal and associated expenses.
In his written address, Iyamu argued that the search warrant contravened Sections 143 to 148 of the Administration of Criminal Justice Act, 2015, and Section 36 of the ICPC Act, 2000.
He maintained that the law requires sworn information establishing reasonable grounds for suspicion and a clear description of the place to be searched and the items to be seized.
According to him, the warrant’s reference to “the thing aforesaid” without specific details rendered it defective and unconstitutional.
The case is expected to resume on March 11, subject to proof of service on the respondents.
