The Federal High Court in Abuja on Wednesday adjourned for the third time the fundamental rights suit filed by former Nasir El-Rufai challenging the search of his residence.
Filed through his lawyers, the suit seeks N1 billion in damages against the Related Offences Commission”,”ICPC Nigeria”], a chief magistrate of the Federal Capital Territory, the Nigeria Police Force, and the Attorney-General of the Federation, listed as first to fourth respondents respectively.
When the case was called around 11 a.m., 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.
Akwo requested the court to stand down proceedings until noon, citing his lawyer’s engagement in another Supreme Court matter.
Justice Joyce Abdulmalik declined, citing a prior commitment, and inquired about service on the second respondent, the magistrate.
Nnakwu said the magistrate had not been served and had filed an application for substituted service. The judge insisted that the magistrate’s name be included, and Nnakwu requested a new date to regularise the process. Justice Abdulmalik then ordered that a hearing notice be served on the magistrate and adjourned the case to March 31 for the hearing of the substituted service application.
El-Rufai, who was detained by the ICPC on February 19 and arraigned yesterday before a Federal High Court in Kaduna on separate criminal charges, filed the suit following the reported search of his Abuja residence.
In the suit, he sought a declaration that the February 4 search warrant authorising the search and seizure at his home was invalid, null, and void. He alleged that the search violated his rights to dignity, personal liberty, fair hearing, and privacy, and requested an injunction restraining respondents from using the seized evidence. He also prayed the court to order the return of all seized items and award N1 billion in general, exemplary, and aggravated damages.
The ICPC opposed the suit, stating in a counter-affidavit that it acted under statutory powers following a petition against El-Rufai. The police also maintained that the search was conducted under a valid court warrant.
The case has experienced repeated procedural delays. On March 3, the hearing stalled because only El-Rufai’s lawyer was present, and respondents had not been served. On March 11, it was adjourned again to allow parties to regularise processes, including responding to counter-affidavits.
