JUST IN: EL-RUFAI FILES ₦1BN FUNDAMENTAL RIGHTS SUIT AGAINST ICPC OVER ABUJA HOME SEARCH

EL-RUFAI FILES ₦1BN FUNDAMENTAL RIGHTS SUIT AGAINST ICPC OVER ABUJA HOME SEARCH

Former Kaduna State Governor, Nasir El-Rufai, has instituted a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), challenging what he described as an unlawful invasion and search of his residence in Abuja.

The suit, marked FHC/ABJ/CS/345/2026, was filed on February 20 at the Federal High Court in Abuja by his counsel, Oluwole Iyamu (SAN). The former governor is contesting the legality of a search warrant reportedly issued on February 4 by a Chief Magistrate of the FCT Magistrates’ Court.

In the application, El-Rufai is seeking a declaration that the warrant authorising the search and seizure at his residence is invalid, null, and void. He argued that the warrant lacked specificity and probable cause, and contained what he termed material drafting errors and ambiguous execution parameters.

The ICPC is listed as the first respondent in the suit. Also joined as respondents are the Chief Magistrate of the FCT Magistrates’ Court, Abuja Magisterial District; the Inspector-General of Police; and the Attorney-General of the Federation.

According to court filings, the former governor alleged that operatives of the ICPC and the Nigeria Police Force executed the disputed warrant at his residence located at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m.

He is asking the court to declare that the search violated his fundamental rights to dignity of the human person, personal liberty, fair hearing, and privacy, as guaranteed under Sections 34, 35, 36, and 37 of the 1999 Constitution (as amended).

Among the reliefs sought is an order declaring that any evidence obtained pursuant to the warrant is inadmissible in any proceedings against him on the grounds that it was allegedly procured in breach of constitutional safeguards.

El-Rufai is also seeking an order restraining the respondents from relying on or tendering any items seized during the search in the course of any investigation or prosecution involving him. Additionally, he requested a directive compelling the ICPC and the Inspector-General of Police to return all items allegedly seized from his residence, along with a detailed inventory.

The former governor is demanding ₦1 billion in general, exemplary, and aggravated damages, which he said reflects alleged violations including trespass, unlawful seizure, psychological trauma, humiliation, and reputational harm. He itemised the claim to include ₦300 million as compensatory damages for emotional distress, ₦400 million as exemplary damages to deter future misconduct, and ₦300 million as aggravated damages. He also sought ₦100 million as the cost of instituting the action.

In his grounds of argument, counsel to the applicant contended that the warrant contravened provisions of the Administration of Criminal Justice Act (ACJA), 2015, particularly Sections 143 to 148, as well as Section 36 of the ICPC Act, 2000. He argued that the warrant allegedly failed to provide specific descriptions of the items to be seized and was addressed in overly broad terms.

The legal team further cited judicial precedents, including C.O.P. v. Omoh (1969) NCLR 137 and Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481, to support the position that evidence obtained through improper procedures may be deemed inadmissible.

In a supporting affidavit, a principal aide to the former governor stated that operatives of the ICPC and the Nigeria Police Force conducted the search under what was described as a defective warrant and allegedly seized personal documents and electronic devices. The affidavit further claimed that the items have not been returned.

As of the time of filing this report, the ICPC and other respondents had not publicly responded to the claims contained in the suit. The matter is expected to be determined by the Federal High Court.