El-Rufai Slams N1bn Lawsuit on ICPC, Others for Alleged Unlawful Invasion of Residence 

Alex Enumah in Abuja 

Detained former Kaduna State Governor, Mallam Nasir El-Rufai, has instituted a N1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Enforcement Commission (ICPC) over what he claimed to be an unlawful invasion of his Abuja residence.

In the suit filed on his behalf by his team of lawyers led by Oluwole Iyamu (SAN), the former governor, who was taken into ICPC’s custody Wednesday, last week, is praying the court to declare that the search warrant issued on February 4 by the Magistrate’s Court of the FCT (2nd respondent), authorising the search and seizure at his residence was invalid, null and void.

According to him, the search warrant was “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution”.

The ICPC, the Chief Magistrate, Magistrate’s Court of the FCT, Abuja Magisterial District; IGP and Attorney-General of the Federation (AGF) are first to fourth respondents respectively in the suit marked: FHC/ABJ/CS/345/2026.

In the suit dated and filed February 20, the ex-governor is specifically seeking a declaration that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2pm and executed by agents of ICPC and Inspector General of Police, “under the aforesaid invalid warrant, amounts to a gross violation of the applicant’s fundamental rights to dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution”.

He urged the court to declare that: “Any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant, as it was procured in breach of constitutional safeguards.”

El-Rufai, therefore, sought an order of injunction restraining the respondents and their agents from further relying on, using, or tendering any evidence or items seized during the unlawful search in any investigation, prosecution, or proceedings involving him.

“An order directing the 1st and 3rd respondents (ICPC and IG) to forthwith return all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof. 

“An order awarding the sum of N1,000,000,000.00 (one billion naira) as general, exemplary, and aggravated damages against the respondents jointly and severally for the violations of the applicant’s fundamental rights, including trespass, unlawful seizure, and the resultant psychological trauma, humiliation, distress, infringement of privacy, and reputational harm.”

The above sum includes N300 million as compensatory damages for psychological trauma, emotional distress, and loss of personal security; N400 million as exemplary damages to deter future misconduct by law enforcement agencies and vindicate the applicant’s rights; and N300 million as aggravated damages for the malicious, high-handed and oppressive nature of the respondents’ actions, including the use of a patently defective warrant procured through misleading representations.

Meanwhile, the plaintiff is also demanding the sum of N100 million as cost of filing the suit, including legal fees and associated expenses.