AGF Urges Court to Dismiss El-Rufai’s N1bn Fundamental Rights Suit

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has urged the Federal High Court in Abuja to dismiss a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, over a search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission.

Fagbemi, through counsel from the Federal Ministry of Justice, Mrs Maimuna Lami-Shiru, asked Justice Joyce Abdulmalik to dismiss the suit, arguing that it lacked merit and that El-Rufai had failed to establish a reasonable cause of action to justify the reliefs he was seeking.

The suit, marked FHC/ABJ/CS/345/2026, was filed against the ICPC and the Inspector-General of Police.

The Chief Magistrate of the Federal Capital Territory Magistrate’s Court, who was initially joined as a respondent, was later removed from the case by the former governor.

El-Rufai instituted the case to challenge the legality of the search warrant used by ICPC operatives to search his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19.

The former governor is asking the court to declare the warrant, which was dated February 18 and issued by a Chief Magistrate, invalid, null and void.

El-Rufai argued that the warrant was legally defective, alleging that it lacked sufficient particularity and contained material drafting errors, ambiguity in its execution parameters, excessive scope and an absence of probable cause.

He contended that the alleged defects made the search an unlawful and unreasonable invasion of his privacy, contrary to Section 37 of the Nigerian Constitution.

The former governor also asked the court to declare that the search of his residence and the seizure of items violated his fundamental rights to dignity of the human person, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.

At Monday’s proceedings, the AGF informed the court that he had filed a counter-affidavit challenging the competence of the suit.

Fagbemi denied allegations that El-Rufai’s fundamental rights were violated, maintaining that the ICPC and police acted within the provisions of the law when the search was conducted.

He consequently urged the court to dismiss the case.
Justice Abdulmalik adjourned proceedings until October 27 to allow El-Rufai’s lawyer, Akinyemi Aremu, to respond to the AGF’s counter-affidavit.

The ICPC had earlier filed its own counter-affidavit seeking the dismissal of the suit.

The anti-corruption commission said the search was carried out as part of an investigation into a petition involving the former governor and that its operatives acted pursuant to a valid search warrant issued by a competent court.

According to the ICPC, its officials were accompanied by police officers during the operation, which was conducted in the presence of El-Rufai’s wife, Hadiza, and his son, Mohammed.

The police also defended the search, stating that its officers have statutory powers to detect, arrest, investigate and prosecute offenders.

In a counter-affidavit filed by an Inspector, Ewa Anthony, the police maintained that its officers lawfully executed a search warrant issued by a competent court.

Among the reliefs sought by El-Rufai is an order declaring that any evidence obtained through what he described as an unlawful search and defective warrant should be inadmissible in any proceedings against him.

He is also asking the court to restrain the respondents and their agents from using, relying on or tendering any items seized during the search in investigations or prosecutions involving him.

The former governor further wants the ICPC and the Inspector-General of Police to return all items taken from his residence, alongside a detailed inventory of the seized property.

Items listed by the ICPC include electronic storage devices, mobile phones, flash drives, a MicroSD memory card, a reMarkable tablet and an Apple MacBook Pro, among others.

The anti-graft agency obtained court approval on March 12 to examine and analyse about 14 electronic devices allegedly recovered during the search.

El-Rufai is seeking N1 billion in general, exemplary and aggravated damages over the alleged violation of his fundamental rights.

He is demanding N300 million in compensatory damages for alleged psychological trauma, emotional distress and loss of personal security.

He is also seeking N400 million in exemplary damages and N300 million in aggravated damages over what he described as the allegedly malicious, high-handed and oppressive conduct of the respondents.

In addition, he is seeking N100 million as the cost of the litigation.

The former governor is also involved in other legal proceedings, including charges relating to the alleged interception of telephone communications involving the National Security Adviser, Nuhu Ribadu.

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