BREAKING: El-Rufai sues ICPC, seeks N1bn over alleged unlawful search of Abuja home

Former Kaduna State governor, Nasir El-Rufai, has instituted a fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over what he described as the unlawful invasion and search of his Abuja residence.

In the suit marked FHC/ABJ/CS/345/2026 and filed before the Federal High Court in Abuja, El-Rufai is asking the court to nullify a search warrant issued by a magistrate court in the Federal Capital Territory (FCT) on February 4. The warrant had authorised operatives to search and seize items at his residence.

The former governor, who has been in ICPC custody since February 18 in connection with ongoing investigations, joined the chief magistrate who issued the warrant, the Inspector-General of Police, and the Attorney-General of the Federation as respondents in the suit.

Through his legal team led by Oluwole Iyamu, El-Rufai is seeking a declaration that the search and seizure carried out by operatives of the ICPC and the Nigeria Police Force violated his fundamental rights to dignity, personal liberty, fair hearing and privacy as guaranteed under sections 34, 35, 36 and 37 of the 1999 Constitution.

He is also urging the court to declare any evidence obtained during the search inadmissible in any proceedings against him, arguing that such materials were procured in breach of constitutional safeguards. Additionally, he is seeking an order restraining the respondents from relying on any material seized during the operation.

The former governor further prayed the court to direct the ICPC and the IGP to return all items taken from his residence and provide a detailed inventory.

El-Rufai is demanding N1 billion as general, exemplary and aggravated damages for what he described as trespass, unlawful seizure, psychological trauma and reputational harm allegedly occasioned by the search. Of the amount, N300 million is claimed as compensatory damages for emotional distress, N400 million as exemplary damages to deter alleged misconduct by law enforcement agencies, and N300 million as aggravated damages for what he termed malicious and oppressive actions. He is also seeking N100 million as cost of filing the suit, including legal fees.

‘Warrant Riddled With Defects’

In his grounds of argument, Iyamu contended that the search warrant was fundamentally defective. He argued that it lacked specificity in describing the items to be seized, contained material typographical errors and was overbroad in its directives.

“The search warrant was null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, over-breadth, and absence of probable cause, thereby constituting an unlawful and unreasonable search,” the lawyer submitted.

Citing sections 143 to 148 of the Administration of Criminal Justice Act (ACJA) 2015, Iyamu maintained that applications for search warrants must be supported by written information on oath establishing reasonable grounds for suspicion. He alleged that the warrant vaguely referred to “the thing aforesaid” without clear description and was not in the prescribed format.

An affidavit deposed to by Mohammed Shaba, described as a principal secretary to the former governor, claimed that operatives of the ICPC and police stormed the residence at about 2pm on February 19. He alleged that the warrant did not specify the items being sought and that officers failed to submit themselves for search before conducting the operation.

Shaba further claimed that personal documents and electronic devices were seized and have yet to be returned, alleging that the respondents continue to rely on what he termed unlawfully obtained evidence.

The application, according to the affidavit, was brought in good faith to enforce El-Rufai’s constitutional rights as the legal battle between the former governor and anti-graft authorities unfolds.