The Federal High Court in Abuja on Wednesday adjourned, for the third time, the fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, challenging the search of his residence.
The case, earlier adjourned on March 3 and March 11, was instituted by El-Rufai through his lawyers, seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), a chief magistrate of the Federal Capital Territory, the Inspector-General of Police, and the Attorney-General of the Federation.
At Wednesday’s proceedings, Ugochukwu Prince Nnakwu appeared for El-Rufai, while Isaac Akwo represented the ICPC, R.N. Maiguru appeared for the IGP, and Chima Chidi Augustine represented the AGF.
Counsel for the ICPC requested that the matter be stood down until noon, citing the absence of the commission’s lead counsel, who was engaged at the Supreme Court. However, Justice Joyce Abdulmalik declined the request, noting she had a prior engagement.
The court then inquired about service on the second respondent, the magistrate. Nnakwu informed the court that the magistrate had not been served and that an application for substituted service had been filed.
As he moved the application, the judge interrupted, insisting that the magistrate’s name be properly included in the process. Nnakwu acknowledged the omission and sought time to regularise the application.
Counsel for the other respondents confirmed that they had filed their counter-affidavits.
Justice Abdulmalik subsequently directed that a hearing notice be served on the magistrate and adjourned the matter to March 31 for the hearing of the application for substituted service.
Background
El-Rufai filed the suit following his detention by the ICPC on February 19 and the reported search of his Abuja residence.
He is seeking a declaration that the February 4 search warrant issued by a chief magistrate, which authorised the search and seizure at his home, is invalid, null, and void.
The former governor argued that the search violated his fundamental rights, including his rights to dignity, personal liberty, fair hearing, and privacy. He is also asking the court to restrain the respondents from using any evidence obtained during the search, order the return of seized items, and award N1 billion in damages.
The ICPC, in its counter-affidavit, maintained that it acted within its statutory powers after receiving a petition against El-Rufai. The police also argued that the search was conducted pursuant to a valid warrant issued by a competent court.
The case has faced repeated procedural delays. On March 3, proceedings could not go ahead as only El-Rufai’s counsel was present and the respondents had not been served. The matter was again adjourned on March 11 to allow parties to regularise their filings, including responses to counter-affidavits.
Meanwhile, El-Rufai was arraigned on separate criminal charges before a Federal High Court in Kaduna on Tuesday and remains in detention pending the determination of his bail application.
