Hearing in the N1bn fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, was on Tuesday put on hold at the Federal High Court in Abuja after lawyers representing the respondents failed to appear in court.
The former governor is challenging the legality of a search conducted at his Abuja residence and is demanding N1bn in damages.
When the case, numbered FHC/ABJ/CS/345/2026, was called before Justice Joyce Abdulmalik, Ubong Akpan announced appearance for the applicant, while no counsel represented the respondents.
Akpan informed the court that although the matter was slated for mention, the respondents had not yet been served with the relevant court documents. He therefore sought time to effect proper service.
Justice Abdulmalik subsequently adjourned the matter till March 11 for further mention.
El-Rufai had instituted the action against the Independent Corrupt Practices and Other Related Offences Commission, the Chief Magistrate of the FCT Magistrate’s Court, the Inspector-General of Police and the Attorney-General of the Federation as first to fourth respondents.
In the originating motion filed on February 20 by his lead counsel, Oluwole Iyamu, the ex-governor is asking the court to nullify the search warrant issued on February 4 by the FCT Chief Magistrate, which authorised operatives to search and seize items from his residence.
He argued that the warrant was fundamentally flawed, citing alleged lack of specificity, drafting irregularities and overly broad execution terms. According to him, the process violated his constitutional right to privacy guaranteed under Section 37 of the 1999 Constitution.
El-Rufai further prayed the court to declare that the search carried out on February 19 at his residence on Mambilla Street, Aso Drive, Abuja, by officials of the ICPC and the police amounted to a breach of his rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.
He also urged the court to hold that any evidence obtained through the disputed warrant is inadmissible in any proceedings against him and to restrain the respondents from relying on such materials in any investigation or prosecution.
The applicant is equally seeking an order directing the anti-graft agency and the police authorities to return all items allegedly taken from his home, along with a detailed inventory.
El-Rufai is claiming N1bn as general, exemplary and aggravated damages.
The breakdown includes N300m as compensation for alleged emotional distress and trauma, N400m as exemplary damages to deter future excesses by law enforcement agencies, and N300m as aggravated damages for what he described as oppressive conduct.
He also asked for N100m as the cost of instituting the suit.
Iyamu contended that the warrant did not comply with the provisions of the Administration of Criminal Justice Act, 2015, and the ICPC Act, 2000, which require sworn information establishing reasonable grounds for suspicion and a clear description of the premises and items to be searched.
The matter is expected to come up again on March 11.
