The Federal High Court in Abuja on Wednesday, adjourned for the third time, the fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, challenging the search of his residence.
The matter, which was previously adjourned on March 3 and 11, was filed through El-Rufai’s lawyers seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission, a chief magistrate of the Federal Capital Territory, the Inspector-General of Police, and the Attorney-General of the Federation – listed as the first to fourth respondents respectively.
When the case was called at about 11am, 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 asked the court to stand the matter down until noon, noting that the lawyer handling ICPC’s case was in another matter at the Supreme Court.
Justice Joyce Abdulmalik, however, declined, saying she had a prior meeting.
The judge then asked about the second respondent, the magistrate.
Nnakwu told the court that the magistrate had not been served and that he had filed an application for substituted service.
When he began moving the application, the judge interrupted, insisting that the magistrate’s name be included.
Nnakwu acknowledged and requested a date to regularise the process.
Lawyers for the other respondents said they had filed counter-affidavits.
Justice Abdulmalik ordered that a hearing notice be served on the magistrate and adjourned the matter until March 31 for the hearing of El-Rufai’s substituted service application.
Recall that El-Rufai, who was detained by the ICPC on February 19, was arraigned yesterday before a Federal High Court in Kaduna on separate criminal charges.
The former governor, still in detention pending his bail application, filed the N1 billion fundamental rights suit following his detention and the reported search of his Abuja residence.
In the suit, he asked the court to declare that the February 4 search warrant issued by a chief magistrate which authorised the search and seizure at his home, was invalid, null and void.
He said the search violated his rights to dignity, personal liberty, fair hearing, and privacy, and sought an injunction restraining the 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, arguing in a counter-affidavit that it received a petition against El-Rufai and acted under statutory powers to investigate, arrest, and prosecute offenders.
The police also said in its counter-affidavit that the search was conducted under a warrant issued by a competent court.
The suit has faced repeated procedural setbacks. On March 3, the hearing stalled because only El-Rufai’s lawyer was present, and respondents had not been served.
On March 11, the matter was adjourned again after parties sought time to regularise processes, including responding to counter-affidavits.