Court slams El-Rufai’s N1bn rights suit over service irregularities, adjourns case March 31

The Federal High Court in Abuja on Wednesday raised concerns over a fundamental rights enforcement suit filed by Nasir El-Rufai, former Governor of Kaduna State, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others.

Justice Joyce Abdulmalik stated that the case could not proceed after Ugochukwu Nnakwu, counsel to El-Rufai, informed the court that the second respondent—a magistrate joined in the suit—had not been served. When the matter was called, all parties were represented except for the magistrate.

Procedural defects and adjournment

The judge declined a request for adjournment from Isaac Akwo, counsel to the ICPC, who sought to enable his senior colleague, Abdu Mohammed, SAN, to take over the matter. Abdulmalik noted her own schedule of engagements as the reason for the refusal.

Nnakwu informed the court that while an application for substituted service had been filed, it had not yet been served on the magistrate. However, the judge pointed out that the application was defective, as it failed to properly state the specific magistrate’s name.

“You are supposed to include his name in your application,” Justice Abdulmalik said. Following these observations, Nnakwu applied for an adjournment to regularise the process. The court adjourned the matter to March 31 for the hearing of pending applications and ordered that a hearing notice be served on the second respondent.

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Claims of rights violations

In the suit (FHC/ABJ/CS/345/2026), filed through Oluwole Iyamu, SAN, El-Rufai is seeking N1bn in damages. He is asking the court to declare that the search and invasion of his Abuja residence on February 19 by the ICPC and the police violated his fundamental rights to dignity, liberty, fair hearing, and privacy.

Furthermore, he is seeking an order to declare any evidence obtained from the search inadmissible and to restrain the respondents from using any seized items. El-Rufai has also requested the return of all items taken from his residence, supported by a full inventory.

Respondents defend search operation

In its counter-affidavit, the ICPC maintained it acted on a petition and obtained a valid search warrant before the operation. The commission stated that police officers accompanied its operatives and that the exercise was witnessed by the former governor’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai. The commission has urged the court to dismiss the suit.

The police also argued that the search complied with due process and was conducted under a warrant issued by a competent court. They described the suit as an attempt to obstruct an investigation and potential prosecution, likewise calling for its dismissal.