Court to deliver judgement in El-Rufai’s N1 billion rights suit

The Federal High Court in Abuja on Tuesday fixed 2 December for judgement in a N1 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others.

Mr El-Rufai filed the suit, alleging that operatives of the ICPC and the police violated his rights following the search of his Abuja house on 20 February.

Judge Joyce Abdulmalik fixed the date after the adoption of filings and final arguments by lawyers representing the parties in the case.

Mr El-Rufai’s lawyer, Ubong Akpan, a Senior Advocate of Nigeria (SAN), was absent at the start of Tuesday’s hearing, prompting the judge to deem the processes filed on behalf of the former governor as adopted.

But Mr Akpan later walked into the courtroom and apologised for his lateness. He requested to speak but the judge informed him that his filings had been deemed adopted.

The News Agency of Nigeria (NAN) reports that the ICPC and the two other co-respondents sued in the suit – the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF) – were represented by their respective lawyers throughout the proceedings.

While Abdul Mohammed, a Senior Advocate of Nigeria (SAN) appeared for the ICPC, Ezekiel Rimamsomte, an assistant commissioner of police represented the IGP and Maimuna Lami-Shiru, Director of Civil Litigation and Public Law represented the AGF.

The lawyers took their turns to adopt their filings and call for the dismissal of the suit.

The judge fixed 2 December for judgement.

NAN reports that tNAN reports that the ex-governor sued the ICPC, the IGP, and the AGF over an alleged invasion of his Abuja residence in February this year.

He initially joined a Chief Magistrate at the Magistrate’s Court of the FCT, Abuja, as a defendant.
However, he later dropped the magistrate from the case because he could not identify the specific magistrate who 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, police, AGF oppose 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 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 the search warrant was invalid, insisting it was a genuine court order.

It said its officers complied with all applicable legal procedures when executing the search warrant and urged the court to dismiss the suit.

Also, the IGP called for the dismissal of the suit in a counter-affidavit filed on his behalf.

Ewa Anthony, an inspector who swore the affidavit stated 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.

He disagreed with the ex-governor that the search warrant was invalid, insisting that it was a genuine court order.

The counter-affidavit stated that police officers who carried out the operation, complied with all applicable legal procedures in executing the search warrant.

According to the IGP, the applicant was only trying to use the court to shield himself from investigation and prosecution.

He, therefore, prayed the court to dismiss the suit.

The AGF similarly denied Mr El-Rufai’s allegations.

In the counter-affidavit filed on his behalf, the AGF stated that the ICPC and IGP acted within their statutory functions.

He added that the ICPC and the police seized some items from Mr El-Rufai’s house for investigative purposes.

He submitted that the suit was an abuse of court processes because the former governor had two pending suits on the same subject matter before the FCT High Court.

The AGF said Mr El-Rufai’s suit lacked merit, arguing there was no legal or evidential justification to support all the claims and prayers sought by him. He also urged the court to dismiss it in its entirety.

El-Rufai’s legal battles

Mr El-Rufai has been in ICPC custody since February based on a court order in Kaduna denying him bail in a corruption trial.

The ICPC is prosecuting him on corruption charges before two separate courts in Kaduna.

He is also facing prosecution by the State Security Service (SSS) in Abuja on charges of unlawfully intercepting the telephone communications of National Security Adviser (NSA) Nuhu. Ribadu.

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Meanwhile, the N1 billion fundamental rights suit is part of a string of cases he has launched against law enforcement agencies since his detention.

He recently lost two of the cases.

On 8 October, the Federal High Court in Abuja dismissed his suit seeking to restrain the EFCC, ICPC, the SSS and the AGF from freezing his bank accounts or seizing his properties. The judge was Ms Abdulmalik who is handling Mr El-Rufai’s suit against the search of his house.

On 19 October, the FCT High Court in Maitama, Abuja, dismissed his N120 million claims he filed following an attempt to arrest him by security operatives at the airport in Abuja earlier in the year.

The detained former governor has another pending N10 billion suit against the ICPC for allegedly denying his wife and his son access to him in custody.