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 suit filed by former Kaduna State Governor, Nasir El-Rufai, over a search of his Abuja residence by officials of the Independent Corrupt Practices and Other Related Offences Commission.

Fagbemi made the request through a lawyer from the Federal Ministry of Justice, Maimuna Lami-Shiru, during proceedings before Justice Joyce Abdulmalik on Monday. He argued that the former governor’s case lacked sufficient grounds to support the reliefs he was seeking from the court.

The case, marked FHC/ABJ/CS/345/2026, was filed by El-Rufai against the ICPC and the Inspector-General of Police. The Chief Magistrate of the Federal Capital Territory Magistrate’s Court, who was initially included as a respondent, was later removed from the suit by the former governor.

El-Rufai brought the case to challenge the legality of a search warrant used by ICPC officials to search his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19.

The former governor is asking the court to declare the warrant, which was issued on February 18 by a Chief Magistrate, invalid.

El-Rufai’s legal team had argued that the warrant contained several defects, including a lack of clear details about what could be searched or seized. He also alleged that the document contained drafting problems and was too broad in its application.

The former governor maintained that the alleged defects made the search an unlawful interference with his privacy. He relied on Section 37 of the Nigerian Constitution, which protects citizens against unlawful interference with their privacy.

He also asked the court to declare that the search and seizure of items from his home violated his constitutional rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.

During Monday’s proceedings, the AGF informed the court that the Federal Government had filed a counter-affidavit challenging the competence of the suit.

Fagbemi rejected the allegations that El-Rufai’s rights had been violated and maintained that the ICPC and police carried out the search within the law. He consequently asked the court to dismiss the former governor’s case.

Justice Abdulmalik adjourned the matter until October 27 to allow El-Rufai’s lawyer, Akinyemi Aremu, respond to the Federal Government’s counter-affidavit.

The ICPC had earlier filed its own counter-affidavit asking the court to reject the suit.

The anti-graft agency said the search formed part of an investigation into a petition involving the former governor. It maintained that its officials acted on the authority of a valid search warrant issued by a competent court.

The commission also said police officers accompanied its officials during the operation and that the search was conducted in the presence of El-Rufai’s wife, Hadiza, and his son, Mohammed.

The police also defended the action, stating that its officers had legal powers to detect, arrest and investigate suspected offences and carry out prosecutions where necessary.

In a counter-affidavit filed before the court, a police inspector, Ewa Anthony, maintained that the officers lawfully executed the search warrant issued by the court.

Among the reliefs sought by El-Rufai is an order preventing the authorities from using any evidence obtained from the search in any investigation or criminal case against him.

He is also asking the court to stop the respondents from relying on or presenting any of the items seized from his residence as evidence.

The former governor wants the ICPC and the Inspector-General of Police to return all the items taken during the search and provide a complete list of the materials recovered.

The items identified by the ICPC include electronic storage devices, mobile phones, flash drives, a MicroSD memory card, a reMarkable tablet and an Apple MacBook Pro, among other electronic equipment.

On March 12, the anti-corruption agency obtained permission from the court to examine and analyse about 14 electronic devices said to have been recovered during the operation.

El-Rufai is also seeking N1bn in damages over what he describes as violations of his fundamental rights.

His claim includes N300m in compensation for alleged psychological trauma, emotional distress and loss of personal security. He is also seeking N400m in exemplary damages, which he says would discourage similar actions by law enforcement agencies in the future.

Another N300m is being claimed as aggravated damages over what his suit describes as improper conduct by the respondents.

The former governor is further asking the court to award N100m to cover the cost of the legal proceedings.

El-Rufai is also involved in other legal proceedings, including a case concerning the alleged interception of telephone communications involving the National Security Adviser, Nuhu Ribadu.

The latest court proceedings will now continue on October 27, when El-Rufai’s legal team is expected to respond to the Federal Government’s arguments seeking the dismissal of the N1bn fundamental rights case.