Former Kaduna State Governor, Nasir El-Rufai, has discontinued his fundamental rights enforcement case against a Chief Magistrate of the FCT Magistrate’s Court, who was initially listed as the second defendant in his N1bn lawsuit.
The ex-governor’s counsel, Ugochukwu Nnakwu, notified Justice Joyce Abdulmalik of the Federal High Court in Abuja of the withdrawal when the matter came up for hearing.
The decision followed earlier concerns raised by the court over irregularities in the suit, particularly the failure to clearly identify the magistrate involved.
At Tuesday’s proceedings, Nnakwu explained that although the case was scheduled for the hearing of a motion ex parte seeking substituted service on the magistrate, the plaintiff had instead filed an application to remove the judicial officer from the suit.
He urged the court to strike out the magistrate’s name as a party and also withdraw the pending ex parte motion.
Lawyers representing the Nigeria Police Force, the Attorney-General of the Federation, and the Independent Corrupt Practices and Other Related Offences Commission did not oppose the application.
Delivering a short ruling, Justice Abdulmalik granted the request, striking out the magistrate’s name from the suit and removing the motion ex parte from the court’s record.
Following the ruling, Nnakwu sought time to amend the originating processes. However, counsel to the ICPC, Abdul Mohammed (SAN), opposed the request, arguing that the main reliefs in the suit were directly linked to the actions of the magistrate, particularly the issuance of the search warrant being challenged.
He maintained that with the magistrate no longer a party, the substance of the case had been undermined.
In response, the judge cautioned the defence against pre-empting proceedings, advising that any objections should be formally presented through appropriate legal processes.
Justice Abdulmalik thereafter adjourned the case until June 17 to allow the plaintiff file an amended application.
El-Rufai had approached the court seeking N1bn in damages against the ICPC, the Chief Magistrate, the Inspector-General of Police, and the Attorney-General of the Federation over an alleged violation of his fundamental rights.
In the suit, marked FHC/ABJ/CS/345/2026 and filed on February 20 by his lawyer, Oluwole Iyamu (SAN), the former governor challenged the legality of a search conducted at his Abuja residence on February 19.
He argued that the operation, carried out by officials of the ICPC and the police, infringed on his constitutional rights, including dignity of the human person, personal liberty, fair hearing, and privacy.
Among his prayers, he asked the court to nullify the search, declare any evidence obtained during the exercise inadmissible, and restrain the authorities from relying on such materials in any proceedings against him. He also sought the return of all items seized during the operation.
In their defence, the ICPC stated that the search was based on a valid warrant obtained after receiving a petition and conducting preliminary investigations.
The commission added that the operation was carried out in the presence of family members and in collaboration with police personnel.
Similarly, the police, in a counter-affidavit, insisted that the search was lawful and executed in line with established procedures, noting that the warrant was duly issued by a competent court.
The police further urged the court to dismiss the suit, describing it as an attempt to obstruct an ongoing investigation.
