El-Rufai Sues ICPC, Others for N1bn Over Alleged Unlawful Invasion of Abuja Residence
Former Kaduna State Governor, Nasir El-Rufai, has filed a N1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and three others over the alleged unlawful invasion and search of his Abuja residence.
In the suit marked FHC/ABJ/CS/345/2026 and filed before the Federal High Court in Abuja, El-Rufai is challenging the legality of a search warrant issued on February 4 by a Chief Magistrate of the Federal Capital Territory (FCT) Magistrate Court.
The former governor named the ICPC as the 1st respondent, while the Chief Magistrate of the FCT Magistrate Court, the Inspector-General of Police, and the Attorney-General of the Federation were listed as the 2nd to 4th respondents respectively.
Through his legal team led by Oluwole Iyamu, SAN, El-Rufai is seeking seven reliefs, including a declaration that the search warrant authorising the February 19 raid on his residence at House 12, Mambilla Street, Aso Drive, Abuja, is invalid, null and void.
He argued that the warrant lacked particularity, contained material drafting errors, was ambiguous in its execution parameters, overbroad in scope, and unsupported by probable cause, thereby violating his constitutional right to privacy as guaranteed under Section 37 of the 1999 Constitution.
El-Rufai further contended that the execution of the warrant by agents of the ICPC and the Nigeria Police Force amounted to a gross violation of 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.
Among other reliefs, he is asking the court to declare inadmissible any evidence obtained during the search, restrain the respondents from relying on or tendering such evidence in any proceedings against him, and order the immediate return of all items seized from his residence, along with a detailed inventory.
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The former governor is also seeking N1 billion in general, exemplary, and aggravated damages for alleged trespass, unlawful seizure, psychological trauma, humiliation, and reputational harm. The breakdown of the claim includes N300 million as compensatory damages, N400 million as exemplary damages to deter future misconduct, and N300 million as aggravated damages. He also seeks N100 million as the cost of filing the suit, covering legal fees and associated expenses.
In his grounds of argument, Iyamu maintained that the warrant contravened Sections 143 to 148 of the Administration of Criminal Justice Act (ACJA), 2015, and Section 36 of the ICPC Act, 2000. He argued that the application for the warrant was not supported by sworn information establishing reasonable grounds for suspicion, and that the document failed to provide specific details of the items to be seized.
The lawyer further submitted that the warrant was riddled with typographical errors in the address, date, and district designation, and was indiscriminately addressed to “all officers,” rendering it overbroad and procedurally defective.
Citing judicial authorities including C.O.P. v. Omoh (1969) NCLR 137 and Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481, Iyamu argued that evidence obtained through improper or vague warrants violates fundamental rights and must be excluded.
In a supporting affidavit deposed to by Mohammed Shaba, a Principal Secretary to the former governor, it was averred that officers of the ICPC and the Nigeria Police Force invaded the residence at about 2 p.m. on February 19 under what he described as a defective warrant.
Shaba stated that the warrant did not specify the properties or items sought and that the officers allegedly failed to submit themselves for search as required by law before conducting the operation. He further alleged that personal documents and electronic devices were seized during the search and have not been returned.
The suit, he said, was filed in good faith to enforce the applicant’s constitutional rights.
As of the time of filing this report, no date had been fixed for the hearing of the matter.
By PRNigeria
