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El-Rufai Sues ICPC for ₦1bn over Alleged Unlawful Search, Fundamental Rights Breach

By Momodu Favour

 

Former Kaduna State Governor, Nasir El-Rufai, has filed a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and three others over what he termed the unlawful invasion and search of his Abuja residence.

In the suit marked FHC/ABJ/CS/345/2026 and filed at the Federal High Court, Abuja, El-Rufai challenged the validity of a search warrant issued on February 4 by the Chief Magistrate Court of the Federal Capital Territory (FCT).

He argued that the warrant authorising the search and seizure at his residence was invalid, null and void.

The former governor, through his legal team led by Oluwole Iyamu (SAN), is asking the court to declare that the warrant lacked particularity, contained material drafting errors, and was ambiguous and overbroad in its execution parameters.

He further contended that it was issued without probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the 1999 Constitution.

El-Rufai named the ICPC as the first respondent, while the Chief Magistrate of the FCT Magistrate’s Court, the Inspector-General of Police, Kayode Adeolu Egbetokun, and the Attorney-General of the Federation were listed as the second to fourth respondents respectively.

He alleged that operatives of the ICPC and the Nigeria Police Force invaded his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m., executing what he described as an invalid warrant.

According to him, the action amounted to a gross violation of his fundamental rights to dignity, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the Constitution.

Among the reliefs sought, El-Rufai is asking the court to declare that any evidence obtained during the search is inadmissible in any proceedings against him, having been procured in breach of constitutional safeguards.

He also seeks an order restraining the respondents from relying on or tendering any items seized during the operation in any investigation or prosecution.

Additionally, he is requesting an order directing the ICPC and the Inspector-General of Police to return all items allegedly seized from his residence, alongside a detailed inventory.

The former governor is seeking ₦1 billion in general, exemplary and aggravated damages, to be paid jointly and severally by the respondents.

He broke down the claim to include ₦300 million as compensatory damages for psychological trauma and emotional distress; ₦400 million as exemplary damages to deter future misconduct by law enforcement agencies; and ₦300 million as aggravated damages for what he termed malicious and oppressive conduct.

He also asked the court to award ₦100 million as the cost of filing the suit, covering legal fees and associated expenses.

As of the time of filing this report, the respondents had yet to publicly respond to the allegations.

The case is expected to test the limits of search and seizure powers by anti-corruption and law enforcement agencies, particularly in relation to the constitutional protection of privacy and due process.

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