By Sandra Kenneth
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has requested the Federal High Court in Abuja to dismiss a ₦1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai.
The suit stems from a search conducted by operatives of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) at El-Rufai’s Abuja residence located at House 12, Mambilla Street, Aso Drive, on February 19.
Appearing on behalf of the AGF at Monday’s proceedings, Ministry of Justice counsel Mrs. Maimuna Lami-Shiru urged presiding judge Justice Joyce Abdulmalik to strike out the suit for lacking merit, asserting that the applicant failed to disclose a reasonable cause of action.
In the suit marked FHC/ABJ/CS/345/2026, the ICPC and the Inspector-General of Police are listed as respondents. The Chief Magistrate of the FCT Magistrate Court, who originally issued the search warrant on February 18, was initially named as a respondent but was later delisted by El-Rufai’s legal team.
Legal Arguments and Alleged Rights Violations
El-Rufai is asking the court to invalidate the search warrant, contending that it was legally defective due to drafting errors, lack of particularity, ambiguity, overbreadth, and an absence of probable cause. He argues the search constituted an unlawful intrusion into his privacy, violating Section 37 of the Nigerian Constitution, alongside Sections 34, 35, and 36 regarding human dignity, personal liberty, and fair hearing.
Among the specific reliefs sought, the former governor is asking the court to:
Declare any evidence obtained during the search inadmissible in future proceedings.
Restrain law enforcement from using or relying on any seized items.
Order the immediate return of all confiscated properties, along with a detailed inventory.
Award ₦1 billion in total damages—comprising ₦300 million for psychological trauma, ₦400 million in exemplary damages, and ₦300 million in aggravated damages—plus ₦100 million in litigation costs.
Items recovered by the ICPC during the operation included mobile phones, flash drives, a MicroSD card, a reMarkable tablet, and an Apple MacBook Pro. The agency subsequently obtained judicial authorization on March 12 to analyze approximately 14 electronic devices recovered from the premises.
Respondents Defend Search
In counter-affidavits filed by both the AGF and law enforcement agencies, the respondents maintained that the search was conducted lawfully under a valid court-issued warrant as part of an ongoing investigation into a petition against the former governor.
The ICPC noted that its officers were accompanied by police personnel and executed the warrant in the presence of El-Rufai’s wife, Hadiza, and his son, Mohammed. In a separate counter-affidavit deposed by Inspector Ewa Anthony, the police affirmed that officers acted strictly within their statutory powers to investigate and detect crime.
Justice Abdulmalik adjourned the case until October 27 to allow El-Rufai’s counsel, Akinyemi Aremu, time to file a response to the AGF’s counter-affidavit.
