Justice Joyce Abdulmalik of the Federal High Court, Abuja, has fixed December 2 for judgement in the N1 billion fundamental rights suit filed by former Governor of Kaduna State, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and two others.
Justice Abdulmalik fixed the date after lawyers to the parties adopted their processes in the case.
When the case was called, El-Rufai’s lawyer was not in court. Justice Abdulmalik then made an order deeming all the processes filed by the former governor adopted.
Counsel for the ICPC, Abdul Mohammed (SAN), identified and adopted all their processes, urging the court to dismiss the suit in its entirety.
The Inspector-General of Police’s lawyer, ACP Ezekiel Rimamsomte, and Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, who represented the Attorney-General of the Federation (AGF), equally adopted their separate processes and prayed the court to dismiss the suit.
While proceedings were ongoing, Ubong Akpan, the ex-governor’s counsel, entered the courtroom and apologised for his lateness. When he sought permission to adopt his documents, he was informed by the judge that his processes had already been deemed adopted.
Justice Abdulmalik consequently adjourned the matter until December 2 for judgement.
El-Rufai is demanding N1 billion in damages against ICPC, the Inspector-General of Police and the Attorney-General of the Federation.
He filed the suit alleging that operatives of the ICPC and the police violated his rights following the search of his Abuja house on February 20.
He prayed 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 2pm by the ICPC and IGP amounts to a gross violation of his fundamental rights under Sections 34, 35, 36, and 37 of the Constitution.
He also sought an order directing the ICPC and IGP to return all items seized from his premises during the search, together with a detailed inventory, and an order awarding N1 billion as general, exemplary, and aggravated damages.
In its counter affidavit, the ICPC said it received a petition against El-Rufai and commenced investigation, leading to the search at his residence. It argued that its operatives acted under a valid search warrant issued on February 18 and executed on February 19 between 1:37pm and 3:56pm at 12 Mambilla Street, Asokoro, Abuja.
The commission said its officials were accompanied by police personnel, and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The IGP, in his counter affidavit deposed to by Insp Ewa Anthony, argued that he had statutory power to detect, arrest, investigate and prosecute offenders, and that the search was executed pursuant to a valid warrant issued by a competent court.
According to him, the applicant is trying to use the court to shield himself from security investigation and prosecution.
The AGF, in his counter affidavit filed by Lami-Shiru, denied being privy to the facts, arguing that ICPC and IGP acted within their statutory functions and that the suit was an abuse of court processes because the former governor had two pending suits on the same subject before the FCT High Court.
All respondents urged the court to dismiss the suit in its entirety.
