Former Governor of Kaduna State, Malam Nasir El-Rufai, on Tuesday withdrew the ₦1 billion fundamental rights enforcement suit he filed against a magistrate of the FCT Magistrate’s Court, who was listed as the second defendant before the Federal High Court sitting in Abuja.
Counsel to the former governor, Ugochukwu Nnakwu, informed the trial judge, Justice Joyce Abdulmalik, of the withdrawal shortly after the matter was called on Tuesday for the hearing of an ex parte motion.
The withdrawal of the magistrate as a party followed an observation made by Justice Abdulmalik when the matter was heard on March 25, 2026.
At last week’s proceedings, the judge pointed out defects in El-Rufai’s suit for failing to specify the magistrate sued as the second defendant.
Nnakwu had then sought an adjournment to properly identify the magistrate involved.
At the resumed hearing on Tuesday, Nnakwu informed the court that the matter was scheduled for the hearing of their ex parte motion for substituted service of court processes on the second defendant (the magistrate).
He, however, disclosed that a motion to withdraw the suit against the second defendant had been filed on March 30, urging the court to strike out the name of the second defendant from the suit and also strike out the earlier ex parte motion.
Ezekiel Rimamsomte, who appeared for the police; Maimuna Shiru, who represented the Attorney-General of the Federation (AGF); and Abdul Mohammed, SAN, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), did not oppose the application.
Justice Abdulmalik, in a short ruling, struck out the second defendant from the suit, as well as the ex parte motion.
Following the ruling, Nnakwu prayed the court for an adjournment to enable him amend the suit, a request opposed by Mohammed, SAN.
The senior lawyer, who drew the court’s attention to reliefs one, two, and three in the suit, argued that the prayers relate to the magistrate’s search warrant issued to the investigating agency.
According to him, having struck out the second defendant, there was no longer a valid case before the court.
In her response, Justice Abdulmalik urged Mohammed to be patient and allow the plaintiff to conduct his case as he deemed fit. She added that he could respond by filing a counter-affidavit.
The court subsequently adjourned the matter until June 17, 2026, at the instance of Nnakwu, to enable him file an amended process.
The former governor is seeking ₦1 billion in damages against the ICPC, the magistrate of the FCT Magistrate’s Court, Abuja, the Inspector-General of Police (IGP), and the Attorney-General of the Federation (AGF), who are listed as first to fourth respondents, respectively.
In his originating motion on notice marked FHC/ABJ/CS/345/2026, filed on February 20 by Oluwole Iyamu, SAN, El-Rufai is asking the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2:00 p.m. by the ICPC and the IGP amount to a gross violation of his fundamental rights.
He argued that the action violated 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 further 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.”
El-Rufai also 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 alleged unlawful search in any investigation, prosecution, or proceedings involving him.
He additionally prayed for an order directing the first and third respondents (ICPC and IGP) to forthwith return all items seized from his premises during the search, together with a detailed inventory, as well as an award of ₦1 billion as general, exemplary, and aggravated damages, among other reliefs.
In response, the ICPC, in its counter-affidavit, stated that it received a petition against El-Rufai and, acting on it, commenced an investigation that led to the search of his residence.
It argued that its operatives acted on a valid search warrant issued on February 18 and executed on February 19 between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
The commission stated that its officials were accompanied by personnel of the Nigeria Police Force and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the court to dismiss the suit, also listed items allegedly recovered from the residence.
Similarly, in its counter-affidavit deposed to by Inspector Ewa Anthony, the police argued that it has the statutory power to detect, arrest, investigate, and prosecute offenders.
It maintained that the search carried out at El-Rufai’s residence was executed pursuant to a valid warrant issued by a competent court.
The police rejected the claim that the warrant was invalid, insisting it was a genuine court order. It added that its officers complied with all applicable legal procedures in executing the warrant.
According to the police, the applicant is attempting to use the court to shield himself from investigation and possible prosecution, and it urged the court to dismiss the suit in its entirety.
