The Inspector General of Police has asked a Federal High Court in Abuja to dismiss a fundamental rights enforcement suit filed by former Kaduna State governor Nasir El-Rufai over the search of his Abuja residence.
El-Rufai is seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Chief Magistrate Court of the Federal Capital Territory, the office of the Nigeria Police Force Inspector General, and the Federal Ministry of Justice Nigeria.
The former governor is challenging the search conducted at his residence in the Asokoro area of Abuja, where law enforcement operatives allegedly recovered some items.
In a counter-affidavit filed before the court, the Inspector General of Police maintained that the search was lawful and executed based on a warrant issued by a competent court.
The police chief also argued that the suit filed by El-Rufai was an attempt to shield himself from investigation and possible prosecution.
According to the police, officers involved in the operation complied with all legal procedures, insisting that the search warrant was validly issued and properly executed.
The IGP further rejected claims by the former governor that the warrant was defective or unlawful.
During proceedings on Thursday, El-Rufai’s counsel, Ubong Akpan, told the court that he had yet to respond to the counter-affidavit filed by the police, although he had replied to that of the ICPC.
Counsel to the ICPC, Abdulsufianu Abubakar, and the police lawyer, Ezekiel Rimamsomte, did not oppose a request for more time.
Justice Joyce Abdulmalik subsequently adjourned the matter to March 25 for hearing.
The judge also ordered that hearing notices be issued and served on the second and fourth respondents — a Chief Magistrate of the FCT and the Attorney-General of the Federation — who were not represented during the proceedings.
In his suit, El-Rufai is seeking a declaration that the search warrant issued on February 4 by a Chief Magistrate in the Federal Capital Territory authorising the search of his residence is null and void.
He argued that the warrant lacked specific details, contained drafting errors and failed to clearly state the items to be seized.
The former governor also claimed the operation carried out at his residence at 12 Mambilla Street, Aso Drive, Abuja, on February 19 violated his constitutional rights.
According to him, the search breached provisions of the Nigerian Constitution guaranteeing dignity of the human person, personal liberty, fair hearing and privacy.
El-Rufai is asking the court to award N1 billion in general, exemplary and aggravated damages for alleged violations of his fundamental rights, including unlawful search, seizure of property, psychological trauma, humiliation and reputational harm.
He also argued that the warrant contravened provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the ICPC Act, which require that search warrant applications clearly specify the premises and items to be seized and be supported by sworn evidence establishing reasonable suspicion.
The case is expected to resume on March 25, when the court will hear arguments from all parties.
