Alex Enuma in Abuja
Detained former Kaduna State Governor Mallam Nasir El-Rufai has filed a N1 billion Fundamental Rights Enforcement suit against the Independent Corrupt Practices and Other Related Enforcement Commission (ICPC), alleging illegal entry into his residence in Abuja.
In a suit filed on his behalf by a team of lawyers led by Oluwole Iyamu (SAN), the former governor, who was taken into custody by the ICPC last Wednesday, prays the court to declare null and void the search warrant issued by the FCT Magistrate Court (second defendant) on February 4 authorizing the search and seizure of his residence.
He said the search warrant was “null and void due to its lack of specificity, serious drafting errors, ambiguous execution conditions, broadness of scope, and lack of justifiable cause, thus amounting to an illegal and unreasonable search in violation of Article 37 of the Constitution.”
ICPC, Chief Judge, FCT Abuja Magistrate District Magistrate Court. The IGP and the Attorney General of the Federation (AGF) are the fourth defendants from the beginning in the suit marked FHC/ABJ/CS/345/2026, respectively.
In the suit filed on February 20, the former governor inter alia seeks a declaration that the invasion and search of his house at No. 12, Aso Drive, Mambilla Street, Abuja on February 19 at about 2:00 p.m., carried out by ICPC and the Inspector General of Police personnel, “constitutes a gross violation of the petitioner’s fundamental rights to human dignity, personal liberty and impartiality, based on the aforesaid invalid warrant.” Public hearing and privacy under Articles 34, 35, 36 and 37 of the Constitution.”
He asked the court to declare that “any evidence obtained by the aforesaid invalid warrant and illegal search shall be inadmissible in any proceeding against the applicant, as they were obtained in violation of constitutional guarantees.”
Accordingly, El-Rufai sought an injunction restraining the defendant and his representatives from further relying on, using, or presenting evidence or items seized during the unlawful search in any investigation, prosecution, or proceeding in which he is involved.
“An order directing the first and third respondents (ICPC and IG) to immediately return all items seized from the applicant’s premises during the illegal search and a detailed inventory thereof.
“An order awarding respondents jointly and severally general, punitive and aggravated damages in the sum of One Billion Naira (One Billion Naira) for the trespass, unlawful seizure and the resulting violation of the applicant’s fundamental rights, including mental trauma, humiliation, suffering, invasion of privacy and reputational damage.”
The above amount includes NOK 300 million in compensatory damages for psychological trauma, emotional distress and loss of personal safety. NOK 400 million as exemplary damages to deter future wrongdoing by law enforcement agencies and to vindicate the rights of applicants. and N300 million in aggravated damages for the malicious, coercive and oppressive nature of the defendants’ conduct, including the use of clearly defective warrants obtained through misleading representations.
Meanwhile, the plaintiff is demanding a total of 100 million naira, including legal fees and related costs.
