El-Rufai Sues ICPC, Others for ₦1bn Over Alleged Illegal Search of Abuja Home

Download Post

Former Governor of Kaduna State, Nasir El-Rufai, has instituted a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others over the alleged unlawful invasion and search of his residence in Abuja.

The suit, filed before the Federal High Court, Abuja, challenges the validity of a search warrant issued on February 4 by a Chief Magistrate of the Magistrate’s Court of the FCT, which authorised the search and seizure operation at El-Rufai’s residence. The former governor contended that the warrant was defective and unconstitutional.

In the originating motion marked FHC/ABJ/CS/345/2026, El-Rufai, through his legal team led by Oluwole Iyamu, SAN, listed ICPC as the first respondent, while the Chief Magistrate, the Inspector-General of Police and the Attorney-General of the Federation were named as second to fourth respondents.

El-Rufai urged the court to declare the search warrant null and void, arguing that it lacked specificity, contained material drafting errors, was ambiguous in its execution parameters and was issued without probable cause. He maintained that the warrant violated his constitutional right to privacy as guaranteed under Section 37 of the 1999 Constitution.

He further asked the court to hold that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, allegedly carried out on February 19 by ICPC and police operatives, amounted to a gross violation of his fundamental rights to dignity of the human person, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.

The former governor also sought a declaration that any evidence obtained from the search was unlawfully procured and therefore inadmissible in any proceedings against him. He prayed for an order restraining the respondents from relying on or using any items seized during the operation and requested the immediate return of all confiscated items, alongside a detailed inventory.

El-Rufai claimed ₦1 billion as general, exemplary and aggravated damages, citing psychological trauma, emotional distress, reputational harm and infringement of privacy. He broke down the claim into ₦300 million as compensatory damages, ₦400 million as exemplary damages to deter future misconduct, and ₦300 million as aggravated damages for what he described as the oppressive and high-handed conduct of the respondents. He also demanded ₦100 million as cost of the action.

Arguing the application, Iyamu said the warrant contravened provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the ICPC Act, noting that it failed to clearly describe the items to be seized, was riddled with errors and was addressed in an overbroad manner to “all officers.” He described the warrant as vague and incapable of supporting a lawful search.

In an affidavit supporting the suit, a Principal Secretary to the former governor, Mohammed Shaba, alleged that officers of the ICPC and the Nigeria Police Force invaded the residence without lawful authority, seized personal documents and electronic devices, and subjected El-Rufai to humiliation and distress. He added that none of the seized items had been returned.

The former governor is asking the court to declare the operation unconstitutional and to award damages against the respondents jointly and severally for what he described as a flagrant abuse of power and violation of his fundamental rights.