El-Rufai Fundamental Rights Suit Faulted Over Service

Abuja Court Adjourns El-Rufai’s N1 Billion Rights Suit Over ICPC Search

A Federal High Court in Abuja on Wednesday adjourned a fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai, pending the proper service of a key respondent. The suit targets the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and three other government bodies over a search of his residence.

Justice Joyce Abdulmalik ruled after counsel for El-Rufai, Ugochukwu Nnakwu, informed the court that the second respondent, a named Chief Magistrate, had not yet been served. Nnakwu sought an adjournment to regularise the service process after the judge noted that the magistrate’s specific name should have been included in the application for substituted service. Lawyers for the ICPC, the Inspector-General of Police, and the Attorney-General of the Federation did not oppose the adjournment. The matter was adjourned until March 31, with the court ordering a hearing notice to be served on the magistrate.

El-Rufai is seeking N1 billion in damages, claiming the February 19 search of his Abuja home by ICPC operatives and police, conducted under a court warrant, violated his constitutional rights to dignity, liberty, fair hearing, and privacy. He argues any evidence obtained is inadmissible and wants all seized items returned.

The ICPC, in a counter-affidavit, stated it acted on a petition and executed a valid search warrant issued on February 18. It said the exercise, which was witnessed by El-Rufai’s wife and son, was lawful. The police similarly defended the operation, asserting it complied with legal procedures and that the warrant was genuine. Both bodies have urged the court to dismiss the suit.

The case centres on the legality of the search warrant and the broader powers of anti-corruption agencies versus individual rights. The next hearing will address the preliminary issue of service before the substantive motion is heard.

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