The rights enforcement case brought by former Kaduna State Governor, Nasir El- Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four other defendants met a setback on Tuesday due to the inability of his legal team to serve the respondents.
According to reports from the News Agency of Nigeria (NAN), El-Rufai is seeking N1 billion in damages from the ICPC and the other parties involved.
The respondents in the case include a chief magistrate at the Magistrates’ Court of the Federal Capital Territory (FCT) in Abuja, the Inspector-General of Police, and the Attorney-General of the Federation (AGF).
The case, presided over by Judge Joyce Abdulmalik of the Federal High Court in Abuja, was supposed to be heard on Tuesday but failed to proceed.
Only El-Rufai had legal representation in court, with Ubong Akpan appearing for him. No lawyers were present to represent the respondents.
Mr. Akpan informed the court that despite the scheduling for a mention, his team could not successfully serve the respondents with the necessary documents.
An adjournment was requested to allow the legal team to take appropriate steps, leading Judge Abdulmalik to reschedule the hearing for March 11.
In his originating motion filed on February 20, marked FHC/ABJ/CS/345/2026, the former governor presented seven prayers. Through his lawyers, led by Oluwole Iyamu, a Senior Advocate of Nigeria (SAN), he requested the court to declare invalid the search warrant issued by a chief magistrate on February 4, which allowed the search and seizure at his residence.
El-Rufai argued that the warrant was invalid for reasons including lack of specific details, significant drafting errors, and absence of probable cause. He contended that the search conducted on February 19 by the ICPC and the Inspector-General of Police constituted a grave violation of his fundamental rights.
He maintained that the breach infringed on his dignity, personal liberty, fair hearing, and privacy as guaranteed under multiple sections of the Constitution.
Additionally, he asked the court to rule that any evidence collected during the stated unlawful search should be deemed inadmissible in subsequent proceedings against him.
El-Rufai requested an injunction preventing the respondents and their agents from utilizing any evidence obtained from the unlawful search in investigations or legal actions concerning him. He also sought a directive for the ICPC and the Inspector-General of Police to promptly return all items seized during the improper search, accompanied by a comprehensive inventory of the items.
Furthermore, he requested N1 billion as damages, which he detailed as follows: N300 million for psychological trauma and emotional distress, N400 million as exemplary damages to deter future misconduct by law enforcement agencies, and N300 million for the malicious nature of the actions taken against him. He added a claim of N100 million for costs related to filing the suit and legal expenses.
In presenting the arguments, his lawyer highlighted that the search warrant contained critical deficiencies and was in violation of substantial legal provisions, including sections of the Administration of Criminal Justice Act (ACJA) and the ICPC Act.
Counsel Iyamu emphasized that the flaws in the warrant were significant enough to classify the search as unlawful and a violation of El-Rufai’s rights under the Constitution. This invasive action reportedly resulted in humiliation and distress for him.
Source: NAN
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