Justice Joyce Abdulmalik of the Federal High Court in Abuja has fixed December 2 for judgment in a ₦1bn fundamental rights 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 (IGP) and the Attorney-General of the Federation (AGF).
The judge fixed the date on Tuesday after counsel representing the respondents adopted their respective court processes and urged the court to dismiss the suit.
When the case was called, El-Rufai’s counsel, Ubong Akpan, was absent. Justice Abdulmalik subsequently deemed the processes filed on behalf of the former governor as adopted.
Counsel for the ICPC, Abdul Mohammed (SAN), adopted the commission’s processes and urged the court to dismiss the suit in its entirety.
Similarly, the lawyer representing the Inspector-General of Police, ACP Ezekiel Rimamsomte, and the Director of Civil Litigation and Public Law, Maimuna Lami-Shiru, who appeared for the AGF, adopted their respective processes and asked the court to dismiss the suit.
Akpan arrived in court while proceedings were ongoing and apologised for his lateness. However, when he sought the court’s permission to adopt his processes, the judge informed him that they had already been deemed adopted.
Justice Abdulmalik subsequently adjourned the matter until December 2 for judgment.
El-Rufai seeks ₦1bn damages over search of Abuja residence
El-Rufai is seeking ₦1bn in general, exemplary and aggravated damages over an alleged violation of his fundamental rights following a search of his Abuja residence by operatives of the ICPC and the police.
In the suit, the former governor asked the court to declare that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m. violated his fundamental rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.
He also sought an order directing the ICPC and the Inspector-General of Police to return all items seized during the search, alongside a detailed inventory of the recovered property.
ICPC defends search, cites valid warrant
In its counter-affidavit, the ICPC said it received a petition against El-Rufai and commenced an investigation, which led to the search of his residence.
The commission maintained that its operatives acted under a valid search warrant issued on February 18 and executed the following day between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
It said its officials were accompanied by personnel of the Nigeria Police Force and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The commission also listed items allegedly recovered from the residence and urged the court to dismiss the suit.
Police insist search was lawful
In his counter-affidavit, the Inspector-General of Police, through an affidavit deposed to by Inspector Ewa Anthony, argued that the police had statutory powers to detect, arrest, investigate and prosecute offenders.
He maintained that the search was conducted pursuant to a warrant issued by a court of competent jurisdiction, rejecting El-Rufai’s contention that the warrant was invalid.
The police chief further argued that the former governor was seeking to use the court to shield himself from security investigations and possible prosecution.
He consequently urged the court to dismiss the suit in its entirety.
AGF challenges suit over pending cases
The Attorney-General of the Federation, represented by Lami-Shiru, denied being privy to the facts surrounding the alleged violation of El-Rufai’s rights but maintained that the ICPC and the police acted within their statutory mandates.
The AGF argued that the items seized from the former governor’s residence were taken to facilitate the conclusion of the investigation.
He also described the suit as an abuse of court process, alleging that El-Rufai had two pending cases concerning the same subject matter before the High Court of the Federal Capital Territory.
The AGF further argued that the suit lacked sufficient legal and evidential grounds to support the reliefs sought and asked the court to dismiss it.
The court is expected to deliver its judgment on December 2.
