The Federal High Court in Abuja on Wednesday adjourned a fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others until March 25.
Justice Joyce Abdulmalik postponed the case to allow parties to regularise their court processes.
El-Rufai is seeking N1 billion in damages against the ICPC, the Chief Magistrate of the FCT Magistrate Court, the Inspector-General of Police, and the Attorney-General of the Federation.
His lawyer, Ubong Akpan, told the court that although the matter was scheduled for hearing, the applicant had only responded to the ICPC’s counter-affidavit and had yet to reply to the police’s filing. Lawyers for the ICPC and the police confirmed this. The judge also ordered hearing notices to be served on the Chief Magistrate and the AGF, who were absent in court.
In the suit, El-Rufai asked the court to declare that the February 19 search of his residence at 12 Mambilla Street, Aso Drive, Abuja, by ICPC and police operatives violated his constitutional rights to dignity, personal liberty, fair hearing and privacy.
He argued that “any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant.
” He also requested the return of items seized from his residence and an injunction preventing authorities from using them in any investigation or prosecution.
However, the ICPC said the operation followed a petition against El-Rufai and was conducted under a valid search warrant issued on February 18 and executed on February 19 between 1:37 p.m. and 3:56 p.m. The commission said the search was carried out with police officers and witnessed by Hadiza El-Rufai and Mohammed El-Rufai.
The Nigeria Police Force also maintained that the search was lawful and executed under a valid court order, arguing that the suit is an attempt to shield the former governor from investigation and urging the court to dismiss the case.
