El-Rufai rights suit seeking N1bn damages over alleged unlawful search stalled as Federal High Court adjourns case to March 11
Proceedings in the fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir Ahmad El-Rufai, were on Tuesday stalled at the Federal High Court, Abuja following the absence of legal representatives for the respondents.
Also read: El-Rufai’s N1bn rights suit against ICPC hits setback
El-Rufai is seeking N1bn in damages over what he described as an unlawful search of his Abuja residence allegedly carried out by operatives of the Independent Corrupt Practices and Other Related Offences Commission and the police.
The suit, marked FHC/ABJ/CS/345/2026, is before Justice Joyce Abdulmalik.
When the matter was called, only Ubong Akpan appeared for the applicant, informing the court that the respondents had yet to be served with the originating processes despite the case being scheduled for mention.
He consequently requested an adjournment to enable proper service.
Justice Abdulmalik adjourned the matter until March 11 for further mention.
El-Rufai listed the ICPC, the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory, the Inspector-General of Police and the Attorney-General of the Federation as first to fourth respondents in the action.
In the originating motion filed on February 20 by lead counsel, Oluwole Iyamu, the former governor is asking the court to declare invalid a search warrant issued on February 4 by an FCT Chief Magistrate authorising the search and seizure at his residence located on Mambilla Street, Aso Drive, Abuja.
The applicant contended that the warrant lacked specificity, contained drafting errors and was overly broad in scope, thereby amounting to an unlawful and unreasonable search contrary to Section 37 of the Constitution.
El-Rufai further argued that the execution of the warrant on February 19 constituted a gross violation of his constitutional rights to dignity, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the 1999 Constitution.
Among the reliefs sought, the former governor urged the court to declare inadmissible any evidence allegedly obtained during the search and to restrain the respondents from relying on such materials in any investigation or prosecution involving him.
He also requested an order directing the ICPC and the Inspector-General of Police to immediately return all items seized from his residence alongside a detailed inventory.
The N1bn claim comprises N300m as compensatory damages for alleged psychological trauma and emotional distress, N400m as exemplary damages intended to deter future misconduct by law enforcement agencies, and N300m as aggravated damages for what he described as oppressive conduct.
Counsel to the applicant argued that the warrant allegedly contravened provisions of the Administration of Criminal Justice Act, 2015, and the ICPC Act, 2000, particularly requirements mandating specificity and sworn evidence before issuance of search warrants.
Also read: El-Rufai family denies ICPC allegations of phone tapping
The case is expected to resume on March 11 as the court awaits confirmation of service on all respondents in the El-Rufai Rights Suit.
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