The legal battle between former Kaduna State Governor Nasir El-Rufai and Nigeria’s anti-corruption authorities is heading toward a decisive moment, with the Federal High Court in Abuja fixing December 2 for judgment in his ₦1 billion fundamental rights suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police, and the Attorney-General of the Federation.
Justice Joyce Abdulmalik fixed the date after lawyers representing the parties adopted their respective court processes and presented their final arguments.
The proceedings took an unexpected turn when El-Rufai’s counsel, Ubong Akpan, was absent as the case was called. The judge subsequently deemed the former governor’s filed processes adopted. Akpan later arrived in court, apologised for his lateness, and sought permission to adopt the documents, only to be informed that the court had already treated them as adopted.
Counsel for the ICPC, Abdul Mohammed, SAN, urged the court to dismiss the suit in its entirety. Representatives of the Inspector-General of Police and the Attorney-General of the Federation also adopted their submissions and called for the case to be thrown out.
With the parties having presented their positions, attention now shifts to December 2, when the court is expected to determine the dispute.
The ₦1 Billion Fight Over a House Search
At the heart of the case is El-Rufai’s allegation that operatives of the ICPC and the police violated his fundamental rights during a search of his Abuja residence at 12 Mambilla Street, Aso Drive.
The former governor is asking the court to declare the operation unlawful, arguing that it infringed on his constitutional rights to dignity, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Nigerian Constitution.
Beyond seeking a declaration of rights violations, El-Rufai wants the court to order the immediate return of all items seized during the operation, alongside a detailed inventory of the recovered materials.
He is also demanding ₦1 billion in general, exemplary, and aggravated damages over what he describes as an unlawful invasion of his residence.
ICPC, Police Insist Search Was Lawful
The ICPC has rejected El-Rufai’s allegations, maintaining that the search was part of an investigation initiated after the commission received a petition against the former governor.
In its counter-affidavit, the commission stated that its operatives acted under a search warrant issued by a competent court on February 18 and executed the following day, between 1:37 p.m. and 3:56 p.m.
According to the ICPC, police personnel accompanied its officials during the operation, which it said was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The commission also identified items allegedly recovered from the residence and urged the court to dismiss the former governor’s claims.
The Inspector-General of Police similarly argued that the operation was conducted under a valid judicial warrant. In a counter-affidavit deposed to by Inspector Ewa Anthony, the police chief maintained that the police possess statutory powers to detect, arrest, investigate, and prosecute suspected offenders.
The police further accused El-Rufai of attempting to use the court to shield himself from an ongoing security investigation and possible prosecution.
AGF Raises Fresh Legal Objection
The Attorney-General of the Federation also opposed the suit, arguing that the ICPC and the police acted within their statutory powers and that the seized items were necessary for the completion of the investigation.
Represented by Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, the AGF denied being privy to the facts of the alleged incident and contended that El-Rufai’s action amounted to an abuse of court process.
The Attorney-General argued that the former governor already had two pending cases concerning the same subject matter before the FCT High Court, adding that the ₦1 billion claim lacked sufficient legal and evidential support.
The AGF consequently asked the Federal High Court to dismiss the suit.
December 2: A Crucial Date for Both Sides
The December 2 judgment could prove significant for both El-Rufai and the government agencies involved. The former governor is asking the court to hold that his constitutional rights were violated and to award substantial damages, while the respondents insist that the search was lawful and necessary for an ongoing investigation.
The court’s decision will determine whether El-Rufai’s claims succeed or whether the respondents’ arguments prevail.
For now, the central question remains: Was the search a legitimate law-enforcement operation backed by a valid warrant, or did it cross the constitutional line and violate the former governor’s fundamental rights?
The answer now rests with the court.
₦1bn Rights Battle: Court Sets Dec. 2 Verdict in El-Rufai’s Suit Against ICPC
