Former Kaduna State governor Nasir El-Rufai has instituted a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission, following what he described as an unlawful invasion of his Abuja residence.
The suit, filed at the Federal Capital Territory High Court, challenges the legality of a search warrant reportedly issued on February 4 and executed at his home on February 19 by operatives of the ICPC, in collaboration with the Nigeria Police Force.
Through his legal team led by senior advocate Oluwole Iyamu, El-Rufai argued that the warrant used to conduct the search was defective, vague, and unconstitutional. He contended that the document lacked clarity, contained material drafting errors, and failed to specify the items being searched for, making the operation unlawful.
The former governor named the ICPC as the first respondent, while the Chief Magistrate of the FCT Magistrate Court, the Inspector-General of Police, and the Attorney-General of the Federation were listed as second to fourth respondents respectively.
In his application, El-Rufai asked the court to declare the warrant null and void, stressing that its execution violated his fundamental rights to dignity, personal liberty, fair hearing, and privacy as guaranteed under the Nigerian Constitution.
He further urged the court to rule that any materials obtained during the operation should be declared inadmissible in any legal proceedings, describing the search as a gross abuse of legal process.
El-Rufai also requested a court order restraining the security agencies from using, relying on, or presenting any items seized from his residence during the operation.
In addition, he demanded immediate return of all confiscated items alongside a full inventory of what was taken from his home.
The former governor is seeking ₦1 billion in damages, broken down into compensation for emotional distress, exemplary damages to discourage future misconduct by law enforcement agencies, and aggravated damages for what he described as oppressive and malicious conduct.
He is also demanding ₦100 million as the cost of litigation and legal fees.
His legal team argued that the search violated provisions of the Administration of Criminal Justice Act and the ICPC Act, stating that the warrant failed to meet statutory requirements of clarity, specificity, and lawful justification.
In an affidavit supporting the suit, a principal aide to El-Rufai stated that operatives stormed the residence without lawful authority, conducted extensive searches, and seized personal documents and electronic devices, subjecting the former governor to psychological trauma and public embarrassment.
The affidavit further claimed that the officers failed to observe basic legal procedures before executing the search and did not provide adequate justification for their actions.
The suit is expected to test the legality of law enforcement search procedures and the protection of constitutional rights in Nigeria’s criminal justice system.
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