314
By Lizzy Chirkpi
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) over what he described as an unlawful invasion and search of his Abuja residence.
The suit, filed on February 20 by his counsel, Oluwole Iyamu, SAN, challenges the validity of a search warrant allegedly issued on February 4 by a Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory (FCT). El-Rufai joined the ICPC as the 1st respondent, while the Chief Magistrate, the Inspector-General of Police, and the Attorney-General of the Federation were listed as 2nd to 4th respondents.
El-Rufai is asking the court to declare the search warrant authorising the February 19 search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, as invalid, null and void. He argued that the warrant lacked specificity, contained material drafting errors, was overbroad, and failed to establish probable cause, thereby violating constitutional safeguards.
He further prayed the court to declare that the invasion and search of his residence by ICPC operatives and police officers amounted to a gross violation of his fundamental rights to dignity, personal liberty, fair hearing, and privacy as guaranteed under the 1999 Constitution.
The former governor is also seeking a declaration that any evidence obtained pursuant to the alleged invalid warrant is inadmissible in any proceedings against him. He wants the court to restrain the respondents from relying on, using, or tendering any items seized during the search and to order the immediate return of all properties allegedly taken from his residence.
In addition, El-Rufai is demanding ₦1 billion as general, exemplary, and aggravated damages for what he described as unlawful invasion, trespass, humiliation, psychological trauma, and reputational harm. He is also seeking ₦100 million as the cost of filing the suit.
In an affidavit supporting the application, a Principal Secretary to the former governor stated that officers from the ICPC and the Nigeria Police Force invaded the residence on February 19 at about 2 p.m. under a purported warrant that allegedly failed to specify the items to be searched for. He claimed that documents and electronic devices were seized and that the operation was carried out without due regard to laid-down legal procedures.
El-Rufai’s legal team argued that “the warrant contravened provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the ICPC Act”, maintaining that “it did not clearly describe the items sought and was improperly executed.”
The matter is now before the court for determination.