Court to rule on El-Rufai’s N1 billion rights case

The Federal High Court in Abuja has set 2 December for its decision in a N1 billion rights lawsuit by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others.

El-Rufai filed the case, claiming that ICPC officials and the police violated his rights when they searched his Abuja home on 20 February.

Judge Joyce Abdulmalik set the date after lawyers for the parties presented their final arguments and filings in the case.

Mr El-Rufai’s lawyer, Ubong Akpan, a Senior Advocate of Nigeria (SAN), was not present at the start of the hearing. The judge then accepted the documents filed on behalf of the former governor.

Later, Mr Akpan arrived and apologized for being late. He asked to speak, but the judge informed him that his documents had already been accepted.

The News Agency of Nigeria (NAN) reports that the ICPC and two other respondents, the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF), had their lawyers present during the proceedings.

Abdul Mohammed, a Senior Advocate of Nigeria (SAN), represented the ICPC. Ezekiel Rimamsomte, an assistant commissioner of police, stood in for the IGP, while Maimuna Lami-Shiru, the Director of Civil Litigation and Public Law, represented the AGF.

Each lawyer presented their filings and called for the case to be dismissed. The judge then set 2 December for the ruling.

NAN reports that the former governor is suing the ICPC, the IGP, and the AGF for an alleged invasion of his Abuja home in February.

Initially, he included a Chief Magistrate at the Magistrate’s Court of the FCT, Abuja, as a defendant. However, he later removed the magistrate from the case because he could not identify which magistrate approved the search warrant.

In his suit, he is asking for N1 billion in damages from the ICPC, the IGP, and the AGF.

He wants the court to declare that the search of his home at House 12, Mambilla Street, Aso Drive, Abuja, on 19 February around 2 p.m. by the ICPC was a serious violation of his fundamental rights.

He claims that the search hurt his dignity, personal liberty, right to fair hearing, and privacy as protected by sections 34, 35, 36, and 37 of the Nigerian constitution.

He is asking the court to declare that any evidence obtained from this invalid warrant and illegal search cannot be used against him in any legal matters since it violated his constitutional rights.

El-Rufai also seeks an order to stop the respondents and their agents from using or presenting any evidence or items taken during the illegal search in any investigations or prosecutions involving him.

He wants the ICPC and IGP to return all items taken from his home during the unlawful search, along with a detailed list of those items.

Additionally, he is asking for N1 billion in general, exemplary, and aggravated damages, among other requests.

In response, the ICPC stated in its counter affidavit that it acted on a petition against Mr El-Rufai and started an investigation that led to the search of his house.

It claims its officials acted under a valid search warrant issued on 18 February and executed on 19 February between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.

The commission said its officers were accompanied by police personnel and that the search was witnessed by Mr El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.

The ICPC asked the court to dismiss the suit and listed items allegedly found during the search.

In its counter affidavit, the police, represented by Insp Ewa Anthony, stated that it has the power to detect, arrest, investigate, and prosecute offenders.

It argued that the search at Mr El-Rufai’s home was carried out under a valid court order. The anti-graft agency insisted that the search warrant was legitimate.

It said its officers followed all legal procedures when they executed the search warrant and urged the court to dismiss the case.

The IGP also requested the court to dismiss the suit in a counter affidavit filed on his behalf.

Ewa Anthony stated that the search at Mr El-Rufai’s residence was done under a valid court order. He disagreed with El-Rufai’s claim that the warrant was invalid, maintaining it was a true court order.

The affidavit explained that police officers acted according to all legal procedures during the search.

According to the IGP, the applicant is trying to use the court to avoid investigation and prosecution.

He asked the court to dismiss the case.

The AGF also rejected Mr El-Rufai’s claims.

In a counter affidavit, the AGF said the ICPC and IGP acted within their legal duties. He added that the ICPC and police seized items from Mr El-Rufai’s house for investigation.

He argued that the suit was a misuse of court processes since El-Rufai already has two ongoing cases on the same issue before the FCT High Court.

The AGF said Mr El-Rufai’s case lacks merit and there is no legal basis for his claims. He also urged the court to dismiss it completely.