The Federal High Court in Abuja on Monday adjourned former Kaduna State Governor Nasir El-Rufai’s N1 billion rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others until 27 October for definite hearing.
The News Agency of Nigeria (NAN) reports that others sued as respondents to the suit are the Inspector-General of Police and the Attorney-General of the Federation (AGF).
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Judge Joyce Abdulmalik adjourned the suit to allow Mr El-Rufai’s lawyer, Akinyemi Aremu, to respond to the counter-affidavit filed by the AGF opposing the claims.
AGF’s lawyer, Maimuna Lami-Shiru, sought the court’s leave to move her motion requesting an extension of time to deem their counter-affidavit opposing the main suit as properly filed and served.
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Mr El-Rufai’s lawyer, the IGP’s lawyer, Ezekiel Rimamsomte (an assistant commissioner of police), and the ICPC’s counsel did not oppose the application and the judge granted it as prayed.
Justice Abdulmalik then adjourned the case until 27 October for a definite hearing.
NAN reports that the ex-governor sued the ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; the IGP, and the AGF.
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However, he later dropped the magistrate from the case because he could not specify which magistrate allegedly issued the order permitting the search of his Abuja home.
In the suit, he sought N1 billion in damages against the ICPC, the IGP and the AGF.
He urged the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, at about 2 p.m. on 19 February by the ICPC amounted to a gross violation of the applicant’s fundamental rights.
He said that the search violated the dignity of the human person, personal liberty, fair hearing, and privacy under sections 34, 35, 36, and 37 of the Nigerian 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.”
Mr 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.
He sought an order directing the ICPC and IGP to forthwith return all items seized from the applicant’s premises during the unlawful search, along with a detailed inventory.
He also sought an order awarding N1 billion in general, exemplary, and aggravated damages, among others.
ICPC opposes suit
Responding, in its counter affidavit, the ICPC stated it received a petition against Mr El-Rufai and acting on it, commenced an investigation that led to the search at his residence.
It argued that its operatives acted under a valid search warrant issued on Feb. 18 and executed on Feb. 19 between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
The commission said its officials were accompanied by personnel of the Nigeria Police Force, and that the exercise was witnessed by Mr El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the court to dismiss the suit, listed the items allegedly recovered from the residence.
The police, also in its counter affidavit deposed to by Insp Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate and prosecute offenders.
It argued that the search carried out at Mr El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
The anti graft agency disagreed with the ex-governor that that search warrant was invalid, insisting that it was a genuine court order.
It said that its officers who carried out the operation, complied with all applicable legal procedures in the execution of the search warrant.
According to the police, the applicant is trying to use the honourable court to shield him away from the security investigation and prosecution in the court of law.
It, therefore, prayed the court to dismiss the suit in its entirety.
(NAN)
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