The fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others suffered a setback on Tuesday due to failure to serve the respondents.
The matter, which came up before Justice Joyce Abdulmalik of the Federal High Court, Abuja, could not proceed after counsel to the ex-governor informed the court that the respondents had yet to be served with the originating processes.
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El-Rufai is demanding N1 billion in general, exemplary and aggravated damages against the ICPC as first respondent. Other respondents in the suit include the Chief Magistrate of the Magistrate’s Court of the FCT, Abuja; the Inspector-General of Police; and the Attorney-General of the Federation.
When the case was called, only Ubong Akpan appeared in court for the applicant, while there was no representation for the respondents.
Akpan told the court that although the matter was scheduled for mention, they had been unable to effect service on the respondents and sought an adjournment to enable them do so.
Justice Abdulmalik subsequently adjourned the matter until March 11 for further mention.
In the suit marked FHC/ABJ/CS/345/2026 and filed on February 20 by a legal team led by Oluwole Iyamu, SAN, El-Rufai is asking the court to declare that the search warrant issued on February 4 by the Chief Magistrate of the Magistrate’s Court of the FCT authorising a search of his Abuja residence was invalid, null and void.
He contended that the warrant lacked particularity, contained material drafting errors, was ambiguous in execution parameters, overbroad, and unsupported by probable cause, thereby violating Section 37 of the Constitution.
The former governor is also seeking a declaration that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 by operatives of the ICPC and the police amounted to a gross violation of 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.
He further prayed the court to declare inadmissible any evidence obtained pursuant to what he described as an unlawful search.
El-Rufai is seeking an order restraining the respondents from relying on or tendering any items seized during the search in any investigation or prosecution involving him, as well as an order directing the ICPC and the Inspector-General of Police to return all items allegedly seized, alongside a detailed inventory.
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Breaking down the N1 billion claim, the former governor is demanding 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 described as malicious and oppressive actions.
He also asked the court to award N100 million as the cost of filing the suit, including legal fees and associated expenses.
In his grounds of argument, Iyamu argued that the search warrant contravened Sections 143 to 148 of the Administration of Criminal Justice Act (ACJA) 2015 and Section 36 of the ICPC Act, 2000, as well as constitutional safeguards against arbitrary intrusion.
He maintained that the warrant failed to meet statutory requirements for specificity and probable cause, and that its execution resulted in humiliation and distress to his client.
