Court Faults El-Rufai’s N1bn Rights Suit Against ICPC, IGP, Others.
By Bala Salihu Dawakin Kudu | Democracy Newsline
March 25, 2026.
The Federal High Court in Abuja on Wednesday identified procedural lapses in 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), the Inspector-General of Police, and other respondents.
Presiding over the matter, Justice Joyce Abdulmalik declined to entertain key arguments in the suit after noting irregularities in service procedures, particularly the failure to properly identify and serve the second respondent—a chief magistrate named in the case.
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Procedural Setback in Court
At the hearing, counsel to El-Rufai, Ugochukwu Nnakwu, informed the court that efforts to serve the magistrate had been unsuccessful, prompting an application for substituted service. However, the judge interrupted proceedings, pointing out a critical omission.
“You are supposed to include his name in your application,” Justice Abdulmalik stated, underscoring the importance of precision in legal documentation.
The courtroom was attended by legal representatives for all parties except the second respondent. Counsel for the ICPC, Isaac Akwo, had requested a brief stand-down to allow senior advocate Abdu Mohammed, SAN, to take over the matter. The request was denied due to the court’s tight schedule.
Following the exchange, Nnakwu conceded the error and sought an adjournment to regularise the application. Lawyers representing the other respondents, including the Inspector-General of Police and the Attorney-General of the Federation, did not oppose the request.
The court subsequently adjourned the case to March 31, ordering that a hearing notice be issued and properly served on the second respondent.
Background to the Suit
El-Rufai’s suit, marked FHC/ABJ/CS/345/2026 and filed on February 20 by Oluwole Iyamu, SAN, seeks N1 billion in damages for alleged violations of his fundamental rights.
The former governor is challenging the legality of a search conducted at his Abuja residence on February 19 by operatives of the ICPC and the police. He argues that the operation breached his constitutional rights to dignity, personal liberty, fair hearing, and privacy, as enshrined in Nigeria’s Constitution.
Declare the search unlawful and unconstitutional
Exclude any evidence obtained during the operation from future proceedings
Restrain authorities from using seized items against him
Order the immediate return of all confiscated property
Award N1 billion in general and exemplary damages
ICPC, Police Defend Actions
In response, the ICPC maintained that its actions were lawful and based on credible intelligence.
The commission stated that it had received a petition against El-Rufai, which led to an investigation and the subsequent search.
According to the agency, the operation was carried out under a valid warrant issued on February 18 and executed within legally permissible hours the following day.
Similarly, the Nigeria Police Force, through an affidavit deposed by Inspector Ewa Anthony, defended its role, asserting its statutory authority to investigate and prosecute criminal offences.
The police insisted that the warrant was issued by a competent court and executed in full compliance with legal procedures. It further accused the former governor of attempting to obstruct lawful investigation through judicial means.
The case highlights ongoing tensions between anti-corruption agencies and high-profile political figures in Nigeria. Legal analysts note that while fundamental rights enforcement suits are a critical safeguard in a democratic system, strict adherence to procedural rules remains essential for such cases to proceed.
As the matter resumes on March 31, attention will focus on whether El-Rufai’s legal team can rectify the identified deficiencies and advance substantive arguments on the alleged rights violations.
For now, the court’s intervention serves as a reminder that even high-stakes constitutional claims must be built on procedurally sound foundations.
(DEMOCRACY NEWSLINE NEWSPAPER, MARCH 26TH 2026)
