The Federal High Court in Abuja has adjourned until October 27 the hearing of a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF).
Justice Joyce Abdulmalik fixed the date on Monday after counsel to the AGF informed the court that a counter-affidavit had been filed in opposition to El-Rufai’s claims.
El-Rufai’s counsel, Akinyemi Aremu, had told the court that the matter was scheduled for hearing. However, counsel to the AGF, Mrs Maimuna Lami-Shiru, requested permission to move an application seeking an extension of time for the counter-affidavit to be deemed properly filed and served.
Counsel representing El-Rufai, the Inspector-General of Police and the ICPC did not oppose the application.
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Justice Abdulmalik subsequently granted the application and adjourned the case until October 27 for definite hearing.
Why El-Rufai Is Seeking N1bn
The suit, marked FHC/ABJ/CS/345/2026, was filed in February 2026 by El-Rufai through his legal team led by Senior Advocate of Nigeria, Oluwole Iyamu.
The former governor is challenging the search of his Abuja residence by the ICPC and police on February 19, which he described as unlawful.
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He is asking the court to declare that the search and invasion of his residence at House 12, Mambilla Street, Aso Drive, Abuja, violated his fundamental rights to dignity, personal liberty, fair hearing and privacy guaranteed under Sections 34, 35, 36 and 37 of the 1999 Constitution.
El-Rufai is also asking the court to declare that any evidence obtained from what he described as an invalid search warrant should be inadmissible in any proceedings against him.
He is further seeking an injunction restraining the respondents and their agents from using or tendering items allegedly seized during the search in any investigation, prosecution or other proceedings involving him.
The former governor also wants the ICPC and police to return all items seized from his residence and provide a detailed inventory of the items.
Among his reliefs is a demand for N1 billion in general, exemplary and aggravated damages.
ICPC Defends Search
The ICPC has rejected El-Rufai’s allegations and urged the court to dismiss the suit.
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In its counter-affidavit, the anti-graft commission said it received a petition against the former governor and subsequently commenced an investigation.
According to the commission, the investigation led to the search of El-Rufai’s residence after a search warrant was obtained.
The ICPC maintained that the warrant was validly issued and that its operatives executed it in accordance with the law.
The commission said its officials were accompanied by personnel of the Nigeria Police Force and that the search was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The police similarly argued that the search was conducted pursuant to a warrant issued by a competent court.
In its counter-affidavit, deposed to by Inspector Ewa Anthony, the police maintained that it has statutory powers to detect, arrest, investigate and prosecute suspected offenders.
The police also rejected the allegation that the search was unlawful, arguing that its officers complied with the applicable legal procedures.
The respondents have consequently asked the Federal High Court to dismiss El-Rufai’s suit.
Magistrate Dropped From Suit
The case initially included the Chief Magistrate of the FCT Magistrates’ Court as a respondent.
However, the magistrate was subsequently removed from the suit after Justice Abdulmalik observed that El-Rufai had failed to specifically identify the magistrate who issued the warrant.
The amendment left the ICPC, Inspector-General of Police and Attorney-General of the Federation as the respondents.
The dispute over the legality of the search and the admissibility of any evidence recovered from El-Rufai’s residence will now come before the Federal High Court for substantive determination on October 27, 2026.
The court has not yet ruled on the merits of El-Rufai’s allegations or the respondents’ defence.
