Former Kaduna State governor, Nasir El-Rufai, has instituted a N1 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 at the Federal High Court in Abuja and marked FHC/ABJ/CS/345/2026, challenges the validity of a search warrant issued on February 4 by a Chief Magistrate of the FCT Magistrate Court.Through his legal team led by Oluwole Iyamu, SAN, El-Rufai is asking the court to declare the warrant “invalid, null and void,” citing alleged lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause.
He argued that the warrant and the subsequent search carried out on February 19 at about 2pm at his residence on Mambilla Street, Aso Drive, Abuja, violated his constitutional rights under Sections 34, 35, 36, and 37 of the 1999 Constitution (as amended), including rights to dignity, personal liberty, fair hearing, and privacy.
The former governor is also seeking a declaration that any evidence obtained during the search is inadmissible in court on the grounds that it was procured in breach of constitutional safeguards.El-Rufai is demanding a total of N1 billion in damages, broken down as follows:
- N300 million as compensatory damages for alleged psychological trauma and emotional distress
- N400 million as exemplary damages to deter future misconduct
- N300 million as aggravated damages for what he described as malicious and oppressive conduct
In addition, he is seeking N100 million to cover legal costs and associated expenses.
He also requested an injunction restraining the ICPC and the Inspector-General of Police from relying on any items seized during the search, as well as an order directing the immediate return of all confiscated items with a detailed inventory.Citing provisions of the Administration of Criminal Justice Act (ACJA) 2015, his counsel argued that the warrant failed to comply with statutory requirements.
According to the suit, Section 146 requires warrants to be in prescribed form and free from defects, while Sections 147 and 148 set conditions for proper direction and execution. The legal team contends that the warrant was overly broad, ambiguous, and contained errors in the address, date, and district designation.
The application also referenced judicial precedents, including C.O.P. v. Omoh (1969) and Fawehinmi v. IGP (2000), to support the argument that evidence obtained through an invalid warrant is inadmissible.In an affidavit supporting the suit, a principal secretary to the former governor, Mohammed Shaba, alleged that officers of the ICPC and the Nigeria Police Force searched the residence without lawful authority and seized personal documents and electronic devices.
He claimed the operation caused humiliation, psychological trauma, and reputational harm.
The case adds to ongoing legal disputes connected to investigations involving the former governor. The Federal High Court is expected to fix a date for hearing as the respondents prepare their response.
