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Nasir El-Rufai Initiates N1 Billion Lawsuit Over Alleged Illegal Search of Abuja Home
Former Kaduna State governor Nasir El-Rufai has launched a fundamental rights enforcement lawsuit seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other parties. The suit challenges what El-Rufai describes as an unlawful and unconstitutional raid on his residence in Abuja, contending that the search warrant used was flawed and invalid.
Legal Challenge to Search Warrant’s Validity
Filed at the Federal High Court in Abuja under case number FHC/ABJ/CS/345/2026, the suit, represented by senior counsel Oluwole Iyamu, SAN, demands the court declare the search warrant issued on February 4 by the Chief Magistrate of the Federal Capital Territory Magistrate Court as “null, void, and invalid.” The plaintiff argues that the warrant suffers from critical defects including lack of specificity, drafting errors, ambiguous execution instructions, and absence of probable cause, rendering the search unlawful under Section 37 of the Nigerian Constitution.
Allegations of Rights Violations During the February 19 Search
El-Rufai asserts that on February 19, around 2 pm, agents from the ICPC and the Inspector-General of Police conducted a search of his home at House 12, Mambilla Street, Aso Drive, Abuja, relying on the defective warrant. He claims this action infringed on his constitutional rights to human dignity, personal liberty, fair hearing, and privacy as guaranteed by Sections 34, 35, 36, and 37 of the Constitution.
Request to Exclude Evidence and Return Seized Items
The former governor is also petitioning the court to rule that any evidence obtained through the invalid warrant and unlawful search should be inadmissible in any legal proceedings against him. Additionally, he seeks an injunction preventing the respondents and their agents from using any items confiscated during the raid. The suit demands the immediate return of all seized property along with a comprehensive inventory.
Breakdown of the N1 Billion Damages Claim
El-Rufai’s claim for damages totals N1 billion, itemized as follows:
- N300 million for compensatory damages addressing psychological trauma, emotional distress, and loss of personal security;
- N400 million as exemplary damages aimed at deterring future misconduct by law enforcement;
- N300 million for aggravated damages reflecting the malicious and oppressive nature of the respondents’ actions, including the use of a defective warrant obtained through misleading means;
- N100 million to cover legal costs and related expenses.
Legal Arguments Highlighting Warrant Deficiencies
Senior counsel Iyamu contends that the warrant is fundamentally flawed, citing the Administration of Criminal Justice Act (ACJA) 2015. He points out that Section 146 requires warrants to be free from errors that could mislead, yet this warrant contains inaccuracies in the address, date, and jurisdiction. Section 147 restricts warrants to named officers, but this warrant’s broad language addressed “all officers,” making it unaccountable. Furthermore, Section 148 mandates execution at reasonable times, but contradictory wording in the warrant creates confusion, undermining procedural fairness.
He further references landmark Nigerian case law, including C.O.P. v. Omoh (1969) NCLR 137 and Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481, to emphasize that evidence obtained without a valid warrant is unlawful and inadmissible in court.
Affidavit Details: Impact of the Raid on El-Rufai
Supporting the suit, Mohammed Shaba, principal secretary to El-Rufai, deposed that on February 19, ICPC and police officers entered the residence under the questionable warrant. He stated the warrant failed to specify the items sought, and during the search, personal belongings including documents and electronic devices were seized without lawful authority. The affidavit describes the incident as causing significant humiliation, psychological trauma, and distress to El-Rufai.
Context and Implications
This lawsuit adds to a series of legal confrontations involving El-Rufai amid ongoing investigations. The court is expected to schedule further hearings as the defendants prepare their responses. The case highlights ongoing concerns about procedural compliance and respect for constitutional rights during law enforcement operations in Nigeria.
According to recent data from the Nigerian Law Reform Commission, cases involving unlawful searches and seizures have increased by 15% in the past year, underscoring the importance of strict adherence to legal protocols to protect citizens’ rights.
