Court adjourns El-Rufai’s N1bn fundamental rights suit till March 31

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The Federal High Court in Abuja on Wednesday, adjourned for the third time, the fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, challenging the search of his residence.

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The matter, which was previously adjourned on March 3 and 11, was filed through El-Rufai’s lawyers seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission, a chief magistrate of the Federal Capital Territory, the Inspector-General of Police, and the Attorney-General of the Federation – listed as the first to fourth respondents respectively.

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When the case was called at about 11am, Ugochukwu Prince Nnakwu appeared for El-Rufai, Isaac Akwo for the ICPC, R.N. Maiguru for the IGP, and Chima Chidi Augustine for the AGF.

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Akwo asked the court to stand the matter down until noon, noting that the lawyer handling ICPC’s case was in another matter at the Supreme Court.

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Justice Joyce Abdulmalik, however, declined, saying she had a prior meeting.

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The judge then asked about the second respondent, the magistrate.

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Nnakwu told the court that the magistrate had not been served and that he had filed an application for substituted service.

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When he began moving the application, the judge interrupted, insisting that the magistrate’s name be included.

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Nnakwu acknowledged and requested a date to regularise the process.

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Lawyers for the other respondents said they had filed counter-affidavits.

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Justice Abdulmalik ordered that a hearing notice be served on the magistrate and adjourned the matter until March 31 for the hearing of El-Rufai’s substituted service application.

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Recall that El-Rufai, who was detained by the ICPC on February 19, was arraigned yesterday before a Federal High Court in Kaduna on separate criminal charges.

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The former governor, still in detention pending his bail application, filed the N1 billion fundamental rights suit following his detention and the reported search of his Abuja residence.

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In the suit, he asked the court to declare that the February 4 search warrant issued by a chief magistrate which authorised the search and seizure at his home, was invalid, null and void.

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He said the search violated his rights to dignity, personal liberty, fair hearing, and privacy, and sought an injunction restraining the respondents from using the seized evidence.

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He also prayed the court to order the return of all seized items and award N1 billion in general, exemplary, and aggravated damages.

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The ICPC opposed the suit, arguing in a counter-affidavit that it received a petition against El-Rufai and acted under statutory powers to investigate, arrest, and prosecute offenders.

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The police also said in its counter-affidavit that the search was conducted under a warrant issued by a competent court.

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The suit has faced repeated procedural setbacks. On March 3, the hearing stalled because only El-Rufai’s lawyer was present, and respondents had not been served.

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On March 11, the matter was adjourned again after parties sought time to regularise processes, including responding to counter-affidavits.

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