By Ayomide Otitoju
Former Kaduna State Governor, Nasir El-Rufai, has filed a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), challenging what he described as the unlawful invasion of his Abuja residence.
Filed on February 20 through his legal team led by Oluwole Iyamu, SAN, the suit contests a search warrant issued on February 4 by the Chief Magistrate of the Magistrate’s Court of the FCT, named as the second respondent. Other respondents include the Inspector-General of Police and the Attorney-General of the Federation.
El-Rufai is seeking a declaration that the warrant authorizing the February 19 search of his residence on Mambilla Street, Aso Drive, Abuja, was “invalid, null and void” due to lack of specificity, drafting errors, ambiguity, overbreadth, and absence of probable cause—amounting to an unlawful and unconstitutional search in violation of Sections 34–37 of the Constitution.
He also asked the court to rule that any evidence obtained during the raid is inadmissible, and requested an injunction barring respondents from relying on seized items in any investigation or prosecution. Additionally, he seeks an order for the return of all items taken, alongside a detailed inventory.
The suit demands ₦1 billion in damages, broken down as ₦300 million for psychological trauma and emotional distress, ₦400 million as exemplary damages to deter misconduct, and ₦300 million as aggravated damages for the “malicious, high-handed and oppressive” nature of the search. An additional ₦100 million is sought to cover legal costs.
In their argument, Iyamu contended that the warrant violated Sections 143–148 of the Administration of Criminal Justice Act (ACJA) 2015 and Section 36 of the ICPC Act, citing defective descriptions, typographical errors, and vague execution terms. He argued that the invalid warrant resulted in the unlawful invasion of El-Rufai’s residence, infringing on his constitutional rights to dignity, personal liberty, fair hearing, and privacy.
The affidavit supporting the suit, submitted by Mohammed Shaba, Principal Secretary to El-Rufai, detailed that ICPC and police officers conducted the search without lawful authority, seizing personal items, including documents and electronic devices, and causing the former governor “undue humiliation, psychological trauma, and distress.”
Shaba emphasized that the warrant failed to specify the items sought or the magisterial district for execution and that no items seized have been returned. The affidavit asserts that the suit is brought in good faith to enforce El-Rufai’s constitutional rights.
