The Federal High Court in Abuja has fixed December 2 for judgment in a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police and the Attorney-General of the Federation.
Justice Joyce Abdulmalik fixed the date on Tuesday after lawyers representing the parties adopted their respective court processes and urged the court to rule in their favour.
At the commencement of proceedings, El-Rufai’s counsel, Ubong Akpan, was absent from the courtroom. The judge subsequently deemed the former governor’s processes adopted.
Counsel to the ICPC, Abdul Mohammed (SAN), adopted the commission’s processes and urged the court to dismiss the suit in its entirety.
Similarly, Assistant Commissioner of Police Ezekiel Rimamsomte, representing the Inspector-General of Police, and Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, representing the Attorney-General of the Federation, adopted their respective processes and prayed the court to dismiss the suit.
Akpan later arrived in court and apologised for his lateness. However, when he sought permission to adopt his client’s processes, Justice Abdulmalik informed him that the documents had already been deemed adopted.
The judge subsequently adjourned the matter until December 2 for judgment.
El-Rufai is seeking N1 billion in general, exemplary and aggravated damages over the alleged violation of his fundamental rights during a search of his Abuja residence by operatives of the ICPC and the police.
In his suit, the former governor asked the court to declare that the search of his residence at 12 Mambilla Street, Aso Drive, Abuja, on February 19 amounted to a gross violation of his constitutional rights.
He specifically cited Sections 34, 35, 36 and 37 of the 1999 Constitution, as amended, which guarantee the dignity of the human person, personal liberty, fair hearing and privacy.
He also sought an order compelling the ICPC and the Inspector-General of Police to return all items seized during the operation, together with a detailed inventory of the recovered property.
However, the ICPC, in its counter-affidavit, said it launched an investigation after receiving a petition against El-Rufai.
The commission maintained that the search was conducted under a valid warrant issued by a competent court on February 18 and executed the following day between 1:37 p.m. and 3:56 p.m.
According to the ICPC, its operatives were accompanied by personnel of the Nigeria Police Force, while El-Rufai’s wife, Hadiza, and son, Mohammed, witnessed the exercise.
The commission also listed items allegedly recovered from the residence and urged the court to dismiss the suit.
The Inspector-General of Police, in a separate counter-affidavit deposed to by Inspector Ewa Anthony, maintained that the police had the statutory authority to detect, arrest, investigate and prosecute offenders.
He argued that the search was carried out pursuant to a valid warrant issued by a competent court, rejecting El-Rufai’s claim that the warrant was invalid.
The police chief further accused the former governor of attempting to use the court to shield himself from security investigations and prosecution, urging the judge to dismiss the case.
Meanwhile, the Attorney-General of the Federation denied being privy to the facts of the alleged rights violation but maintained that the ICPC and the police acted within their statutory powers.
The AGF argued that the items seized from El-Rufai’s residence were necessary for the agencies to conclude their investigation.
He also described the suit as an abuse of court process, claiming that the former governor had two other pending cases concerning the same subject matter before the FCT High Court.
The Attorney-General further argued that the suit lacked sufficient legal and evidential grounds to support the reliefs sought and urged the court to dismiss it.
The judgment scheduled for December 2 will determine the outcome of El-Rufai’s demand for N1 billion in damages and his request for the return of items seized during the search of his residence.









