Former Kaduna State Governor, Nasir El-Rufai, has filed a N1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over the alleged unlawful invasion and search of his residence in Abuja.
The suit, FHC/ABJ/CS/345/2026, was filed at the Federal High Court in Abuja on February 20 by his counsel, Oluwole Iyamu, SAN. El-Rufai is challenging the validity of a search warrant issued on February 4 by a Chief Magistrate of the FCT Magistrates’ Court, seeking a declaration that the warrant is invalid, null, and void.
According to the application, the warrant was “null and void for lack of particularity, drafting errors, ambiguity in execution, overbreadth, and absence of probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.”
The ICPC is named as the first respondent, while the Chief Magistrate of the FCT Magistrates’ Court, the Inspector-General of Police, and the Attorney-General of the Federation are second to fourth respondents.
El-Rufai seeks seven reliefs, including a declaration that the search of his House 12, Mambilla Street, Aso Drive, Abuja, on February 19, carried out by ICPC and police operatives, violated his fundamental rights to dignity, personal liberty, fair hearing, and privacy under Sections 34–37 of the Constitution.
He further asks the court to declare any evidence obtained during the search inadmissible, restrain the respondents from using the seized items in any investigation or prosecution, and order the return of all items seized, along with a detailed inventory.
The former governor is also claiming N1 billion in damages, broken down as N300 million compensatory, N400 million exemplary, and N300 million aggravated, citing alleged psychological trauma, humiliation, distress, infringement of privacy, and reputational harm. Additionally, he seeks N100 million for legal costs.
In his arguments, Iyamu contended that the warrant was defective, lacking specificity in the description of items to be seized, containing typographical errors, ambiguous execution terms, overbroad directives, and no verifiable probable cause. He cited provisions of the Administration of Criminal Justice Act (ACJA), ICPC Act, and constitutional protections against arbitrary intrusion.
Iyamu emphasized that the execution of the warrant on February 19 resulted in an unlawful invasion of El-Rufai’s premises, referencing legal precedents including C.O.P. v. Omoh (1969) and Fawehinmi v. IGP (2000), which hold that evidence obtained through improper means is inadmissible.
In an affidavit, Mohammed Shaba, Principal Secretary to El-Rufai, stated that ICPC and police officers stormed the residence under the defective warrant, seizing personal documents and electronic devices, and causing “undue humiliation, psychological trauma, and distress.” He added that none of the seized items have been returned, and the suit was filed in good faith to enforce El-Rufai’s constitutional rights.
