Key Takeaways
- Former Kaduna State Governor Nasir El-Rufai is suing the Attorney General of the Federation (AGF), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Inspector-General of Police (IGP) for N1 billion.
- El-Rufai alleges that a search of his Abuja residence on February 19 was unlawful and violated his fundamental rights.
- He specifically challenges the validity of the search warrant used by the ICPC, citing 'material drafting errors' and 'absence of probable cause'.
- The AGF and other respondents have filed counter-affidavits, urging the Federal High Court to dismiss the suit, maintaining their actions were within legal bounds.
- The ICPC asserts it acted on a valid warrant and a petition against the former governor, recovering several electronic devices.
- The case has been adjourned to October 27 for further legal arguments.
ABUJA – Prince Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice, has formally requested the Federal High Court in Abuja to dismiss a N1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai. The AGF contends that the suit, which also names the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Inspector-General of Police (IGP) as respondents, lacks merit and fails to disclose any reasonable cause of action.
El-Rufai, who served as Kaduna State Governor from 2015 to 2023 and previously as Minister of the Federal Capital Territory (FCT) under former President Olusegun Obasanjo, initiated the legal action following an alleged unlawful raid on his Abuja residence. The former governor is challenging the legality and validity of the search warrant that the ICPC purportedly relied upon to search his home and seize items.
In his suit, marked FHC/ABJ/CS/345/2026, El-Rufai seeks a court declaration that the search warrant, dated February 4 and signed by a Chief Magistrate of the FCT Magistrate’s Court, was 'invalid, null, and void'. He argues that the warrant was legally defective due to 'material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause', thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Nigerian Constitution, which guarantees the right to privacy.
Furthermore, El-Rufai is seeking a declaration that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19, executed by agents of the ICPC and the IGP under the contested warrant, amounted to a 'gross violation of the applicant’s fundamental rights to dignity of the human person, personal liberty, fair hearing, and privacy' under Sections 34, 35, 36, and 37 of the Constitution. He initially listed the Chief Magistrate as a respondent but later delisted them from the case.
During the resumed proceedings on Monday, Mrs. Maimuna Lami-Shiru, representing the AGF, informed the court of a counter-affidavit filed to challenge the competence of El-Rufai's suit. The AGF's position is that the former governor has not presented sufficient grounds for the court to grant his requested reliefs, and that both the ICPC and the IGP acted strictly within the confines of the law, denying any violation of El-Rufai's rights.
The ICPC had previously urged the court to dismiss the suit, asserting that its actions were based on a valid search warrant issued on February 18, following a petition filed against the former governor. The anti-graft agency stated that its operatives, accompanied by police officers, conducted the search in the presence of El-Rufai's wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai. Similarly, the police, through Inspector Ewa Anthony, affirmed their statutory powers to detect, arrest, investigate, and prosecute offenders, maintaining that their officers lawfully executed a warrant issued by a competent court.
El-Rufai is currently facing multiple charges, including an allegation of unlawfully intercepting the phone communications of the National Security Adviser (NSA), Nuhu Ribadu. The ICPC had obtained court permission on March 12 to examine and analyze approximately 14 electronic devices allegedly recovered during the search of his home. These items included various storage devices, mobile phones, a reMarkable tablet, an Apple MacBook Pro, and several flash drives.
In his comprehensive suit, El-Rufai also seeks a declaration that any evidence obtained through the 'invalid warrant' and 'unlawful search' is inadmissible in any proceedings against him, as it was procured in breach of constitutional safeguards. He further requests an injunction restraining the respondents from using or tendering any seized items in future investigations or prosecutions. Additionally, he demands the return of all seized items and a detailed inventory, along with 'N1,000,000,000.00 (One Billion Naira) as general, exemplary, and aggravated damages' for the alleged violations of his fundamental rights, including trespass, unlawful seizure, psychological trauma, humiliation, distress, infringement of privacy, and reputational harm. This sum is broken down into N300 million for compensatory damages, N400 million for exemplary damages, and N300 million for aggravated damages, plus N100 million for litigation costs. Justice Joyce Abdulmalik has adjourned the case until October 27 to allow El-Rufai’s lawyer, Akinyemi Aremu, to respond to the AGF’s counter-affidavit.
Why This Matters
This high-profile legal battle underscores the critical importance of due process and the protection of fundamental human rights in Nigeria, particularly concerning search and seizure operations by law enforcement agencies. The court's decision will not only impact the former governor but could also set a significant precedent for how search warrants are obtained and executed, influencing the balance between state powers and individual liberties.