Former Kaduna State Governor, Nasir El-Rufai, has filed a N1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), alleging unlawful invasion and search of his Abuja residence.
Through his legal team led by Oluwole Iyamu (SAN), El-Rufai is asking the court to declare invalid a search warrant issued on February 4 by a Chief Magistrate of the Magistrate’s Court of the FCT, which authorised security operatives to search and seize items from his residence.
In the originating motion on notice marked FHC/ABJ/CS/345/2026, the former governor named the ICPC as the first respondent. He also joined the Chief Magistrate, Magistrate’s Court of the FCT, Abuja Magisterial District; the Inspector-General of Police; and the Attorney-General of the Federation as second to fourth respondents respectively.
El-Rufai is seeking seven reliefs, including a declaration that the search warrant was “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause,” arguing that it constituted an unlawful and unreasonable search in violation of Section 37 of the Constitution.
He further asked the court to declare that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, carried out on February 19 at about 2 p.m. by agents of the ICPC and the police, amounted to a gross violation of his fundamental rights to dignity, personal liberty, fair hearing, and privacy as guaranteed under Sections 34, 35, 36, and 37 of the Constitution.
The former governor is also seeking an order declaring that any evidence obtained from the search is inadmissible in any proceedings against him on the grounds that it was procured in breach of constitutional safeguards.
According to his legal team, the operation was conducted without lawful justification and in a manner that caused humiliation and distress.
Citing judicial precedents, including C.O.P. v. Omoh (1969) NCLR 137 and Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481, his counsel argued that evidence obtained through improper means violates fundamental rights and that vague warrants grant excessive discretion, leading to potential abuse.
The suit is expected to test the legality of the search process and the scope of constitutional protections relating to privacy and personal liberty.
