The Federal High Court in Abuja has adjourned a N1bn fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission, the Inspector-General of Police and the Attorney-General of the Federation.
Justice Joyce Abdulmalik adjourned the matter on Monday until October 27, 2026, for definite hearing to allow El-Rufai’s counsel, Akinyemi Aremu, to respond to a counter-affidavit filed by the AGF opposing the former governor’s claims.
When the case was called, Aremu informed the court that the matter was scheduled for hearing. However, counsel for the AGF, Maimuna Lami-Shiru, told the court that a counter-affidavit had been filed and sought permission to regularise the process by extending the time within which it could be deemed properly filed and served.
Counsel representing El-Rufai, the IGP and the ICPC did not oppose the application. Justice Abdulmalik subsequently granted the request and fixed October 27 for definite hearing.
El-Rufai instituted the suit over a search of his Abuja residence by ICPC operatives accompanied by police officers on February 19, 2026.
In the suit, marked FHC/ABJ/CS/345/2026, the former governor is seeking N1bn in general, exemplary and aggravated damages. He is also asking the court to declare that the search violated his fundamental rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the 1999 Constitution.
El-Rufai is further asking the court to declare any evidence obtained during the search inadmissible in proceedings against him, arguing that the operation was conducted pursuant to what he considers an invalid warrant.
He is also seeking an order restraining the respondents from using or tendering any items or evidence allegedly seized from his residence and wants the ICPC and police to return the items with a detailed inventory.
The former governor initially included the Chief Magistrate of the Federal Capital Territory as a respondent. However, the magistrate was subsequently removed from the case after the court observed that El-Rufai had not identified the particular magistrate he intended to sue.
The respondents have opposed the claims.
In its counter-affidavit, the ICPC said it received a petition against El-Rufai and commenced an investigation which led to the search of his residence. The commission maintained that its operatives acted pursuant to a valid search warrant issued on February 18 and executed the following day.
The ICPC said its officials were accompanied by police personnel during the operation and that the exercise was witnessed by members of El-Rufai’s family. It urged the court to dismiss the former governor’s suit.
The police also maintained that the search was carried out under a valid warrant issued by a competent court and within its statutory powers to detect, investigate and prosecute suspected offences.
The police rejected El-Rufai’s contention that the warrant was invalid and maintained that officers complied with applicable procedures during the operation. It consequently urged the court to dismiss the case.
The case will now return to the Federal High Court on October 27, when the parties are expected to proceed with arguments on the legality of the search and the reliefs sought by the former governor.
Until then, the court has not determined the merits of El-Rufai’s allegations or the respondents’ defence.
