By John Azu
A Federal High Court in Abuja has fixed December 2 for judgement in a suit filed by former Kaduna State Governor Nasir El-Rufai, seeking N1 billion in damages over the alleged unlawful search of his Abuja residence by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other respondents.
Justice Joyce Abdulmalil fixed the date on Tuesday after parties adopted their final written addresses.
In the suit, El-Rufai is asking the court to declare invalid the search warrant used by ICPC and police operatives to enter his residence over allegations relating to the wiretapping of a telephone conversation involving the National Security Adviser (NSA).
He described the warrant as “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause.”
The former governor alleged that ICPC and police officers invaded his residence at No. 12 Mambilla Street, Aso Drive, Abuja, at about 2pm on February 19, in violation of his constitutional rights to dignity, personal liberty, fair hearing and privacy.
He is also seeking an order barring the use of any evidence obtained during the search in any investigation or trial against him on the grounds that it was unlawfully obtained.
Additionally, El-Rufai wants the court to compel the ICPC and the Inspector-General of Police (IGP) to return all items seized from his residence and provide a detailed inventory of the recovered materials.
His claims for damages include N300 million for alleged psychological trauma, emotional distress and loss of personal security; N400 million in exemplary damages to deter future misconduct by law enforcement agencies; and N300 million in aggravated damages over what he described as the “malicious, high-handed and oppressive nature of the operation.”
He is also seeking N100 million as the cost of litigation.
Arguing the case, his lawyer, Ubong Akpan (SAN), submitted that the search warrant failed to specify clearly the items to be seized and contained errors in the address, date and district details.
He argued that the defects rendered the warrant invalid and the search unlawful.
“Evidence obtained without a valid warrant is unlawful and inadmissible,” the lawyer submitted.
In an affidavit filed in support of the suit, a senior aide to El-Rufai alleged that the officers searched the residence without lawful authority and seized personal documents and electronic devices, causing humiliation, psychological trauma and distress.
However, counsel to the respondents urged the court to dismiss the suit.
Abdul Mohammed (SAN) represented the ICPC, while the Inspector-General of Police was represented by Assistant Commissioner of Police Ezekiel Rimamsomte. Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, represented the Attorney-General of the Federation (AGF).
While the AGF denied El-Rufai’s allegations, the ICPC and police acknowledged that some items were seized from his residence for investigative purposes.
The court is expected to deliver its judgement on December 2.