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), alleging the unlawful invasion and search of his residence in Abuja.
In the suit, filed at the Federal High Court, El-Rufai, through his legal team led by Oluwole Iyamu, SAN, is challenging the validity of a search warrant issued on February 4 by a Chief Magistrate of the FCT Magistrate’s Court. He is asking the court to declare the warrant “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause,” arguing that it amounted to an unlawful and unreasonable search in violation of Section 37 of the Constitution.
The suit, marked FHC/ABJ/CS/345/2026, lists the magistrate, the Inspector-General of Police, and the Attorney-General of the Federation among the respondents, alongside the ICPC.
El-Rufai is seeking declarations that the February 19 search of his residence at House 12, Mambilla Street, Aso Drive, carried out by ICPC operatives and the Nigeria Police Force, violated his constitutional rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37.
He is also asking the court to rule that any evidence obtained during the search is inadmissible, restrain authorities from relying on seized items in any proceedings, and order the immediate return of all property taken, with a detailed inventory.
The former governor is demanding N1 billion in damages for alleged trespass, unlawful seizure, psychological trauma, humiliation, and reputational harm. The claim includes N300 million as compensatory damages, N400 million as exemplary damages to deter misconduct by law enforcement, and N300 million as aggravated damages for what he describes as malicious and oppressive conduct. He also seeks N100 million in legal costs.
According to the application, the warrant failed to clearly specify items to be seized, contained typographical and procedural errors, and lacked sworn evidence establishing reasonable grounds for suspicion, contrary to provisions of the Administration of Criminal Justice Act, 2015, and the ICPC Act, 2000.
El-Rufai’s legal team argued that the warrant’s vague references, defective form, and broad authorisation rendered it invalid, while contradictory execution terms created procedural uncertainty. They further maintained that evidence obtained through an invalid warrant is unlawful and inadmissible, citing judicial precedents including C.O.P. v. Omoh (1969) and Fawehinmi v. IGP (2000).
In a supporting affidavit, Mohammed Shaba, a principal secretary to the former governor, said officers invaded the residence at about 2 p.m. on February 19 under a purported warrant issued earlier in the month. He alleged the warrant did not specify items sought, officers failed to submit to search as required by law, and authorities seized documents and electronic devices, causing humiliation and distress.
He added that none of the seized items has been returned and that authorities continue to rely on what he described as unlawfully obtained evidence.
