Former Kaduna State Governor, Nasir El-Rufai, has taken legal action against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), accusing the agency of unlawfully searching his Abuja home.
In a suit filed at the Federal High Court in Abuja, El-Rufai is asking for N1 billion in damages, saying the search of his house was illegal and violated his fundamental rights.
Through his lawyer, Oluwole Iyamu, he argued that the search warrant used by the ICPC was badly written, unclear, and did not properly state what officers were looking for. He said the warrant, which was issued on February 4 by a Chief Magistrate in the Federal Capital Territory (FCT), should be declared invalid.
El-Rufai said officers from the ICPC and the Nigeria Police invaded his residence on Mambilla Street, Aso Drive, Abuja, on February 19 around 2 p.m. During the operation, they allegedly seized documents and electronic devices.
He claims the search violated his rights to dignity, personal freedom, fair hearing, and privacy as guaranteed under the Constitution.
The former governor is asking the court to:
- Declare the search warrant null and void
- Rule that any evidence taken from his house cannot be used against him
- Order the return of all items seized
- Stop the agencies from using any materials collected during the search
- Award him N1 billion in damages
Breakdown of the N1 Billion Claim:
- N300 million for emotional and psychological distress
- N400 million as punishment to discourage similar actions by law enforcement
- N300 million for what he described as oppressive and malicious conduct
He is also asking for N100 million to cover legal costs.
According to his lawyer, the search warrant did not clearly describe the items to be seized, contained errors in the address and other details, and was too broad. He argued that this goes against provisions of the Administration of Criminal Justice Act (ACJA) and the ICPC Act.
El-Rufai’s legal team also cited past court cases to support their argument that evidence obtained through a faulty warrant should not be accepted in court.
In an affidavit filed in support of the suit, Mohammed Shaba, a principal secretary to El-Rufai, said the officers failed to follow proper procedures during the search and did not allow themselves to be searched before carrying out the operation, as required by law.
He said the items taken from the house have not been returned and that the former governor suffered humiliation and distress as a result of the search.
The case is now before the court for determination.
