By Taibat ummi yakubu

The legal battle between former Kaduna State Governor, Nasir El-Rufai, and anti-corruption authorities took a new turn on Monday as the Federal High Court in Abuja adjourned his ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police and the Attorney-General of the Federation (AGF) until October 27.

Justice Joyce Abdulmalik postponed the matter to allow El-Rufai’s legal team respond to a counter-affidavit filed by the AGF challenging the claims made by the former governor.

At the resumed proceedings, El-Rufai’s counsel, Akinyemi Aremu, informed the court that the case was scheduled for hearing. However, counsel representing the AGF, Maimuna Lami-Shiru, told the court that a counter-affidavit had already been filed and sought permission for it to be deemed properly filed and served despite being out of time.

The request was not opposed by El-Rufai’s lawyer, counsel representing the Inspector-General of Police, ACP Ezekiel Rimamsomte, or the ICPC’s legal team. Justice Abdulmalik subsequently granted the application before fixing October 27 for a definite hearing.

The suit stems from a February 2026 search operation conducted at El-Rufai’s Abuja residence by operatives of the ICPC, accompanied by police officers.

The former governor is challenging the legality of the operation and is demanding ₦1 billion in general, exemplary and aggravated damages for what he described as a violation of his constitutional rights.

Originally, El-Rufai had sued the ICPC, the Chief Magistrate of the Magistrate Court of the Federal Capital Territory, the Inspector-General of Police and the Attorney-General of the Federation. However, the magistrate was later removed from the suit after questions arose regarding the inability of the applicant to properly identify the judicial officer involved.

In the suit marked FHC/ABJ/CS/345/2026, filed on February 20, El-Rufai asked the court to declare that the search of his residence at No. 12 Mambilla Street, Aso Drive, Abuja, carried out on February 19, violated his fundamental rights as guaranteed under the Constitution.

He argued that the operation infringed on his rights to dignity, personal liberty, fair hearing and privacy as protected under Sections 34, 35, 36 and 37 of the 1999 Constitution.

The former governor further urged the court to rule that any evidence obtained during the search should be declared inadmissible in any legal proceeding, maintaining that such evidence was allegedly obtained through an unlawful process.

He is also seeking an order restraining the ICPC, the police and their agents from relying on or tendering any materials recovered during the operation in future investigations or prosecutions involving him.

Additionally, El-Rufai requested an order compelling the ICPC and the police to immediately return all items allegedly seized from his residence, along with a detailed inventory of those items.

Advertisement

In response, the ICPC urged the court to dismiss the suit, insisting that its actions were lawful and backed by a valid court-issued search warrant.

According to the commission, the search followed a petition filed against the former governor, which prompted an investigation.

The anti-graft agency stated that its operatives executed a search warrant issued on February 18 and carried out the operation the following day between 1:37 p.m. and 3:56 p.m. at El-Rufai’s residence in Asokoro, Abuja.

The commission further argued that the exercise was conducted in the presence of El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai, while police personnel provided security support throughout the operation.

The ICPC also informed the court that several items were recovered from the residence during the search and maintained that all procedures followed were in line with the law.

Similarly, the Nigeria Police Force defended its involvement in the operation, arguing that it acted within its constitutional and statutory powers to investigate suspected offences.

In a counter-affidavit sworn to by Inspector Ewa Anthony, the police maintained that the search warrant used for the operation was validly issued by a competent court and that officers complied with all legal requirements while carrying out the search.

The police rejected El-Rufai’s claim that the warrant was invalid, describing it as a legitimate court order obtained through due process.

The force further accused the former governor of attempting to use the court process to shield himself from ongoing investigations and possible prosecution.

With both sides firmly holding their positions, the court’s October hearing is expected to provide the first major test of the arguments surrounding the legality of the search and the constitutional claims raised by the former Kaduna governor.