El-Rufai’s N1bn Rights Case Stalls as Respondents Remain Unserved

El-Rufai’s N1bn Rights Case Stalls as Respondents Remain Unserved

Proceedings in the N1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir el-Rufai, were stalled on Tuesday after his legal team failed to serve court processes on the respondents.

The matter, which is before Justice Joyce Abdulmalik of the Federal High Court in Abuja, could not proceed when it was called, as none of the respondents was represented in court.

Counsel to the former governor, Ubong Akpan, informed the court that although the case was scheduled for mention, the respondents had not yet been served with the necessary documents. He therefore sought an adjournment to enable his team to effect service.

Justice Abdulmalik subsequently adjourned the matter until March 11 for further mention.

Mr El-Rufai, who is currently in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), is seeking N1 billion in general, exemplary and aggravated damages over what he described as an unlawful search of his Abuja residence.

The respondents in the suit include the ICPC, a Chief Magistrate of the Magistrates’ Court of the Federal Capital Territory, the Inspector-General of Police, and the Attorney-General of the Federation.

In the originating motion marked FHC/ABJ/CS/345/2026 and filed on February 20, the former governor is challenging the validity of a search warrant issued on February 4 by a chief magistrate in Abuja, which authorised the search of his residence at House 12, Mambilla Street, Aso Drive.

Through his legal team led by Senior Advocate of Nigeria, Oluwole Iyamu, he is asking the court to declare the warrant null and void on the grounds that it lacked specificity, contained material drafting errors, and was overly broad.

He argued that the warrant failed to meet constitutional and statutory requirements, including the need for probable cause and precise description of items to be seized, thereby amounting to an unlawful and unreasonable search in violation of his right to privacy.

Mr El-Rufai is also seeking declarations that the search conducted on February 19 by the ICPC and the police violated his rights to dignity, personal liberty, fair hearing and privacy as guaranteed under the Constitution.

He further urged the court to rule that any evidence obtained during the search is inadmissible in any proceedings against him, having been procured in breach of constitutional safeguards.

Among other reliefs, he is asking for an order restraining the respondents from using or relying on items seized during the search in any investigation or prosecution involving him.

He also wants the court to direct the ICPC and the Inspector-General of Police to return all items taken from his residence, along with a detailed inventory.

The N1 billion damages claim includes N300 million as compensatory damages for alleged psychological trauma and emotional distress; N400 million as exemplary damages to deter future misconduct by law enforcement agencies; and N300 million as aggravated damages for what he described as the malicious and oppressive execution of a defective warrant. He is also seeking N100 million as the cost of filing the suit.

With the matter adjourned to March 11, the court is expected to consider the case once the respondents have been duly served.