Court Fixes December 2 for Judgment in El-Rufai’s N1bn Suit Against ICPC, Police

The Federal High Court in Abuja has fixed December 2 for judgment in a N1 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police and the Attorney-General of the Federation.

Justice Joyce Abdulmalik fixed the date after lawyers representing the parties adopted their court processes and presented their final arguments in the case.

When the matter was called, El-Rufai’s lawyer, Ubong Akpan, was absent from the courtroom. The judge subsequently deemed the former governor’s filed processes adopted. Akpan later arrived, apologised for his lateness and sought permission to adopt the documents, but was informed that the court had already made an order on the matter.

Counsel to the ICPC, Abdul Mohammed, a Senior Advocate of Nigeria, urged the court to dismiss the suit in its entirety. The lawyer representing the Inspector-General of Police, ACP Ezekiel Rimamsomte, and Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, who represented the Attorney-General of the Federation, also adopted their respective processes and asked the court to dismiss the case.

El-Rufai instituted the suit over a search conducted at his Abuja residence in February, alleging that operatives of the ICPC and the police violated his fundamental rights. He is seeking N1 billion in general, exemplary and aggravated damages, alongside an order directing the agencies to return items seized during the operation and provide a detailed inventory.

The former governor asked the court to declare that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, constituted a violation of his rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Nigerian Constitution. His suit refers to the search as having taken place on February 19, at about 2pm, although the filing also contains a reference to February 20.

In its response, the ICPC said it launched an investigation after receiving a petition against El-Rufai. The commission maintained that its operatives conducted the search under a valid warrant issued by a competent court on February 18 and executed on February 19 between 1:37pm and 3:56pm.

The commission added that its personnel were accompanied by police officers and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai. It also listed items allegedly recovered from the residence and urged the court to dismiss the former governor’s claims.

The Inspector-General of Police, in a counter-affidavit deposed to by Inspector Ewa Anthony, argued that the search was carried out pursuant to a valid court warrant. The police maintained that the I-G had statutory powers to detect, arrest, investigate and prosecute offenders, accusing El-Rufai of attempting to use the court to shield himself from investigation and possible prosecution.

The Attorney-General of the Federation also opposed the suit, stating that the ICPC and the police acted within their statutory responsibilities. The AGF argued that the case lacked legal and evidential justification and constituted an abuse of court process because El-Rufai had two other pending suits concerning the same subject matter before the FCT High Court.

With the parties having adopted their respective court processes, Justice Abdulmalik adjourned the matter until December 2 for judgment. The court’s decision will determine the outcome of El-Rufai’s claims against the three respondents.