By Deborah Nnamdi
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 Abuja residence.
In the suit marked FHC/ABJ/CS/345/2026, El-Rufai named the ICPC as the first respondent. He also joined the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory (FCT), Abuja Magisterial District; the Inspector-General of Police; and the Attorney-General of the Federation as second to fourth respondents, respectively.
Through his team of lawyers led by Oluwole Iyamu, SAN, the former governor is asking the court to declare that the search warrant issued on February 4 by the Chief Magistrate was invalid, null, and void.
He argued that the warrant lacked particularity, contained material drafting errors, ambiguous execution parameters, and was overbroad, with no probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the 1999 Constitution.
Alleged Violation of Fundamental Rights
El-Rufai contended that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m., carried out by operatives of the ICPC and the Nigeria Police Force, amounted to a gross violation of his fundamental rights.
He asked the court to declare that the raid breached his rights to the dignity of the human person, personal liberty, fair hearing, and privacy as guaranteed under Sections 34, 35, 36, and 37 of the Constitution.
The former governor further prayed the court to rule that any evidence obtained during the search is inadmissible in any proceedings against him, as it was procured in breach of constitutional safeguards.
He also sought an injunction restraining the respondents from relying on or tendering any items seized during the search in any investigation or prosecution involving him. Additionally, he requested an order directing the ICPC and the Inspector-General of Police to immediately return all items seized from his residence, alongside a detailed inventory.
Breakdown of N1bn Damages
El-Rufai is demanding N1 billion as general, exemplary, and aggravated damages for what he described as violations of his fundamental rights, including trespass, unlawful seizure, psychological trauma, humiliation, and reputational harm.
The breakdown includes N300 million as compensatory damages for psychological trauma and emotional distress; N400 million as exemplary damages to deter future misconduct by law enforcement agencies; and N300 million as aggravated damages for what he termed the malicious and oppressive execution of a defective warrant.
He is also seeking N100 million as the cost of filing the suit, including legal fees and associated expenses.
Grounds of Argument
In his grounds of argument, Iyamu maintained that the search warrant contravened Sections 143 to 148 of the Administration of Criminal Justice Act (ACJA), 2015, and Section 36 of the Corrupt Practices and Other Related Offences Act, 2000.
He argued that Section 143 of the ACJA requires that applications for search warrants be supported by information in writing and on oath, setting out reasonable grounds for suspicion, which he said was absent in this case.
He further contended that Section 144 mandates specific descriptions of the place to be searched and items sought, but the warrant vaguely referred to “the thing aforesaid” without details. According to him, the document was riddled with errors relating to address, date, and district designation, and was indiscriminately addressed to “all officers,” making it overbroad and unaccountable.
Iyamu cited judicial precedents, including C.O.P. v. Omoh (1969) NCLR 137 and Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481, to support his argument that evidence obtained through improper means must be excluded and that vague warrants encourage abuse.
Affidavit Details
In an affidavit deposed to by Mohammed Shaba, described as a Principal Secretary to the former governor, it was stated that officers of the ICPC and the Nigeria Police Force invaded the residence on February 19 under a purported search warrant issued on or about February 4.
Shaba averred that the warrant failed to specify the items sought and did not clearly indicate the magisterial district of issuance. He also claimed that the officers did not submit themselves for search as required by law before conducting the operation.
According to him, personal items, including documents and electronic devices, were seized during the raid, causing humiliation and psychological distress to the former governor.
He added that none of the seized items had been returned and that the respondents continued to rely on the allegedly unlawfully obtained evidence.
The court is yet to fix a date for the hearing of the matter.
