The Inspector General of Police (IGP) has urged a Federal High Court in Abuja to dismiss the rights enforcement suit filed by a former governor of Kaduna State, Nasir El-Rufai, in which, he is among others seeking N1billion compensation.
The IGP, in a counter-affidavit, justified the search carried out in El-Rufai’s Abuja home and accused the ex-governor of seeking to use the suit a shield against investigation and prosecution.
He argued that the police have the statutory powers to detect, arrest, investigate and prosecute offenders.
The IGP stated that the search carried out at El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
He disagreed with the ex-governor that that search warrant was invalid, insisting that it was a genuine court order.
The IGP noted that the police personnel, who carried out the operation, complied with all applicable legal procedures in the execution of the search warrant.
On Wednesday, proceeding in the case was short-lived owing to El-Rufai’s lawyer’s failure to respond to the counter affidavit files by the IGP.
El-Rufai’s lawyer, Ubong Akpan told the court that although the case was slated for hearing, he has responded to the counter affidavit filed by the Independent Corrupt Practices and other related offences Commission (ICPC), but was yet to react to the one filed by the IGP.
Lawyers to the ICPC and IGP – Abdulsufianu Abubakar and Ezekiel Rimamsomte, confirmed Akpan’s accurately stated the state of affairs.
Justice Joyce Abdulmalik subsequently adjourned till March 25 for hearing.
Justice Abdulmalik ordered that hearing notices be issued and served on the second respondent ( a Chief Magistrate) and fourth respondent the Attorney General of the Federation – AGF), who were not represented in court.
Listed as respondents in the suit, marked: FHC/ABJ/CS/345/2026 are the Independent Corrupt Practices and other related offences Commission (ICPC), the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF).
El-Rufai is, by the suit, challenging the propriety of the recent search of his Asokoro, Abuja house by agents of the ICPC, during which some items were recovered.
The ex-governor, who is seeking a number of reliefs, wants the court to declare that the search warrant issued on February 4 by the Chief Magistrate, Magistrate’s Court of the FCT (2nd respondent), authorising the search of his residence and seizure of items, was invalid, null and void.
He also wants a declaration that the search warrant is “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.”
El-Rufai is urging the court to declare that the alleged invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja on February 19 at about 2pm by agents of ICPC and IGP, who were armed with the said warrant, amounts to a gross violation of his rights to dignity of the human person, personal liberty, fair hearing, and privacy under sections 34, 35, 36, and 37 of the Constitution.”
He wants the court to award 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.”
It is his contention that the search warrant was fundamentally defective, lacking specificity in the description of items to be seized, containing material typographical errors, ambiguous execution terms, overbroad directives, and no verifiable probable cause.
He argued that the lack of specificity in the warrant contravenes sections 143-148 of the Administration of Criminal Justice Act (ACJA), 2015; Section 36 of the ICPC Act, 2000, and constitutional protections against arbitrary intrusions.
According to him, Section 143 of the ACJA requires that an application for a search warrant be supported by information in writing and on oath, setting forth reasonable grounds for suspicion, which was absent here as evidenced by the incomplete initiating clause.
He said Section 144 mandates particular descriptions of the place to be searched and the items sought, to prevent general warrants, adding that the search was conducted without legal justification and in a manner that inflicted humiliation and distress
El-Rufai further argued that execution of the said invalid warrant on February 19 resulted in an unlawful invasion of his cl premises, constituting violations of the rights to dignity (Section 34), personal liberty (Section 35), fair hearing (Section 36), and privacy (Section 37) of the Constitution.
