By Paul Joseph
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has asked the Federal High Court in Abuja to dismiss former Kaduna State Governor Nasir El-Rufai’s N1bn fundamental rights suit over the search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission.
Fagbemi, through counsel from the Federal Ministry of Justice, Maimuna Lami-Shiru, urged Justice Joyce Abdulmalik to throw out the suit, arguing that El-Rufai failed to disclose a reasonable cause of action capable of supporting the reliefs he is seeking.
The case, marked FHC/ABJ/CS/345/2026, has the ICPC and the Inspector-General of Police as respondents.
El-Rufai had instituted the suit to challenge the legality of a search warrant used by ICPC operatives to search his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19.
The former governor is asking the court to declare the warrant, which was dated February 18 and issued by a Chief Magistrate, invalid, null and void.
He argued that the warrant was defective because it allegedly lacked sufficient particularity and contained material drafting errors, ambiguity in its execution parameters, overbreadth and an absence of probable cause.
According to El-Rufai, the alleged defects made the search an unlawful and unreasonable intrusion into his privacy in violation of Section 37 of the 1999 Constitution.
He also asked the court to declare that the search and seizure of items from his residence breached his fundamental rights to dignity of the human person, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.
At Monday’s proceedings, the AGF informed the court that he had filed a counter-affidavit challenging the competence of the suit.
Fagbemi denied allegations that El-Rufai’s rights were violated and maintained that the ICPC and police acted within the law while executing the search.
He subsequently urged the court to dismiss the former governor’s application.
Justice Abdulmalik adjourned the matter until October 27 to allow El-Rufai’s lawyer, Akinyemi Aremu, to respond to the AGF’s counter-affidavit.
The ICPC had earlier filed its own counter-affidavit seeking dismissal of the case.
The commission said the search was conducted as part of an investigation into a petition against the former governor and that its operatives acted pursuant to a valid warrant issued by a competent court.
The ICPC also stated that its officials were accompanied by police officers during the operation and that the search was conducted in the presence of El-Rufai’s wife, Hadiza, and his son, Mohammed.
The police similarly defended the operation, stating that its officers have statutory powers to detect, arrest, investigate and prosecute offenders.
In its counter-affidavit, deposed to by Inspector Ewa Anthony, the police maintained that its officers lawfully executed a search warrant issued by a competent court.
Among the reliefs sought by El-Rufai is an order declaring any evidence obtained through what he described as an unlawful search and defective warrant inadmissible in any proceedings against him.
He is also asking the court to restrain the respondents and their agents from using, relying on or tendering any of the items seized during the search in any investigation or prosecution involving him.
The former governor wants the ICPC and the Inspector-General of Police to return all items seized from his residence, together with a detailed inventory.
Items listed by the ICPC include electronic storage devices, mobile phones, flash drives, a MicroSD memory card, a reMarkable tablet and an Apple MacBook Pro, among others.
The anti-corruption agency obtained court permission on March 12 to examine and analyse about 14 electronic devices allegedly recovered during the search.
El-Rufai is also demanding N1bn in general, exemplary and aggravated damages over the alleged violation of his fundamental rights.
His claims include N300m in compensatory damages for alleged psychological trauma, emotional distress and loss of personal security; N400m in exemplary damages; and N300m in aggravated damages over what he described as the “malicious, high-handed, and oppressive nature” of the respondents’ actions.
He is also seeking N100m as the cost of litigation.
The former governor is facing other legal proceedings, including charges relating to the alleged interception of telephone communications involving the National Security Adviser, Nuhu Ribadu.
The court is expected to hear El-Rufai’s response to the AGF’s counter-affidavit when the matter returns on October 27.
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