AGF ASKS COURT TO DISMISS EL-RUFAI’S N1BN SUIT

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has asked the Federal High Court in Abuja to dismiss a N1bn fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, over the search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission.

Fagbemi, through counsel from the Federal Ministry of Justice, Maimuna Lami-Shiru, urged Justice Joyce Abdulmalik to dismiss the suit, arguing that El-Rufai had failed to disclose a reasonable cause of action to justify the reliefs he was seeking.

The suit, marked FHC/ABJ/CS/345/2026, lists the ICPC and the Inspector-General of Police as respondents. The Chief Magistrate of the FCT Magistrates’ Court, who was initially joined in the case, was later removed as a respondent.

El-Rufai instituted the case following the February 19 search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, by ICPC operatives accompanied by police officers.

The former governor is challenging the validity of the search warrant used during the operation, arguing that it was defective because of alleged drafting errors, ambiguity, overbreadth and lack of probable cause.

He wants the court to declare the warrant invalid and the search unlawful, alleging that the operation violated his constitutional rights to dignity, personal liberty, fair hearing and privacy.

El-Rufai is also asking the court to prevent the respondents from using or tendering any items or evidence obtained during the search in any investigation or prosecution involving him.

He further wants the ICPC and police to return all items allegedly seized from his residence and provide a detailed inventory of the materials recovered.

The former governor is seeking N1bn in general, exemplary and aggravated damages over the alleged violation of his rights. He is also seeking N100m as legal costs.

The ICPC has opposed the suit, maintaining that the search was conducted as part of an investigation into a petition against El-Rufai and was carried out under a valid warrant issued by a competent court.

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

The police have also defended the operation, maintaining that their officers acted within their statutory powers and lawfully executed a warrant issued by a competent court.

At Monday’s proceedings, Fagbemi informed the court that he had filed a counter-affidavit opposing El-Rufai’s claims. The court granted an application to regularise the filing.

Justice Abdulmalik subsequently adjourned the case until October 27 to allow El-Rufai’s lawyer, Akinyemi Aremu, to respond to the AGF’s counter-affidavit.

The court has not yet ruled on the validity of the search warrant or whether El-Rufai’s fundamental rights were violated.