A Federal High Court in Abuja will deliver judgment on December 2, 2026, in a N1 billion suit instituted by former Kaduna State Governor Nasir El-Rufai over an alleged violation of his fundamental rights during a search of his residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Nigeria Police Force.
Justice Joyce Abdulmalik fixed the date on Tuesday after lawyers representing the parties presented their final arguments on the dispute, which centres on the legality of the search conducted at the former governor’s Abuja residence on February 19.
The case, with suit number FHC/ABJ/CS/345/2026, also involves the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF) as respondents.
While El-Rufai is asking the court to declare that the operation violated his constitutionally guaranteed rights, the respondents have maintained that the search was carried out in connection with an investigation and under a valid warrant issued by a competent court.
The judgment will determine the legal issues raised by both sides, including the validity of the search, the treatment of materials allegedly recovered during the exercise and the former governor’s request for monetary compensation.
El-Rufai seeks N1bn compensation
In his application, the former governor alleged that operatives of the ICPC and the police invaded and searched his residence at House 12, Mambilla Street, Aso Drive, Abuja, at about 2 p.m. on February 19.
He argued that the operation breached his rights to dignity, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the 1999 Constitution.
El-Rufai is seeking a judicial declaration that the alleged invasion and search amounted to a gross violation of his fundamental rights.
He has also asked the court to rule that any evidence obtained through what he described as an invalid search warrant and unlawful operation should be considered inadmissible in any proceedings against him.
The former governor further wants an injunction preventing the ICPC, the police and their agents from using, presenting or relying on items recovered from his residence in any investigation, prosecution or other proceedings involving him.
Another relief sought is an order compelling the two agencies to return all items allegedly seized during the operation, together with a detailed inventory of the materials.
Beyond these requests, El-Rufai is demanding N1 billion in general, exemplary and aggravated damages over the alleged infringement of his rights.
ICPC links operation to investigation
The ICPC, however, presented a different account of the circumstances surrounding the search.
In its counter-affidavit, the commission explained that it received a petition against the former governor and subsequently commenced an investigation into the allegations raised.
According to the agency, the investigation led to the search of El-Rufai’s residence after a warrant was obtained on February 18.
The commission stated that the warrant was executed on February 19 between 1:37 p.m. and 3:56 p.m. at the property located at 12 Mambilla Street, Asokoro, Abuja.
It also maintained that its operatives were accompanied by police personnel throughout the exercise.
The ICPC further stated that El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai, were present and witnessed the search.
On the strength of these arguments, the commission urged the court to dismiss the suit, maintaining that the operation was connected to its investigative responsibilities.
Its lawyer, Abdul Mohammed, a Senior Advocate of Nigeria (SAN), asked Justice Abdulmalik to reject the former governor’s claims during Tuesday’s proceedings.
Police reject allegation of rights violation
The Inspector-General of Police also opposed the suit, insisting that the officers involved acted within the law.
In a counter-affidavit deposed to by Inspector Ewa Anthony, the police argued that the IGP had the statutory authority to detect, arrest, investigate and prosecute offenders in accordance with the law.
The police maintained that the operation at El-Rufai’s residence was conducted pursuant to a search warrant issued by a competent court.
It rejected the former governor’s challenge to the warrant, describing it as a genuine judicial order.
The IGP further argued that the officers complied with the applicable legal procedures while executing the warrant.
The police also contended that El-Rufai was attempting to use the court action to shield himself from security investigations and possible prosecution.
Consequently, the police asked the court to dismiss the case in its entirety.
Ezekiel Rimamsomte, who represented the IGP, joined the other respondents in urging the judge to rule against the former governor.
AGF cites pending cases
The Attorney-General of the Federation equally urged the court to dismiss the application, arguing that the ICPC and the police acted within their statutory responsibilities.
The AGF maintained that the items allegedly seized from El-Rufai’s residence were collected to enable the relevant agencies to complete their investigation.
The government also raised a procedural objection, describing the suit as an abuse of court processes.
According to the AGF, two other cases involving the same subject matter were already pending before the High Court of the Federal Capital Territory.
The government argued that the existence of the related proceedings undermined the propriety of El-Rufai’s fresh action.
It further maintained that the former governor had failed to establish sufficient legal and evidential grounds to justify the declarations, injunctions and damages requested.
Mrs Maimuna Lami-Shiru, counsel representing the AGF, accordingly asked the court to dismiss the suit.
Judgment reserved for December
At the hearing on Tuesday, El-Rufai’s lawyer, Ubong Akpan, arrived late for the proceedings. However, Justice Abdulmalik accepted the documents he had filed before his arrival.
After considering the final submissions presented by the parties, the judge scheduled December 2 for judgment.
The decision will address the competing arguments over whether the search was lawfully conducted and whether the former governor’s constitutional rights were breached.
The court will also consider the legal implications of the search warrant, the requested return of seized items and the admissibility of any evidence recovered during the operation.
The respondents’ objection concerning the two pending cases before the FCT High Court is another issue that could influence the outcome.
For now, the parties await the court’s determination of the dispute, with El-Rufai seeking compensation and restrictions on the use of materials allegedly obtained during the search, while the respondents maintain that the operation was lawful.
The court’s judgment will establish its findings on the issues raised in the suit.
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