A legal battle involving former Kaduna State governor Nasir El-Rufai has entered a new phase as the Nigeria Police urged a Federal High Court in Abuja to throw out a lawsuit filed by the politician over an alleged violation of his constitutional rights.
The suit, filed by El-Rufai, seeks N1 billion in damages against several government institutions following a search conducted at his residence in Abuja earlier this year.
The respondents listed in the case include the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Chief Magistrate Court of the Federal Capital Territory (FCT), the Inspector-General of Police, and the Attorney-General of the Federation.
At the heart of the dispute is a search operation carried out by security operatives at the former governor’s home in the Asokoro district of Abuja.
According to court filings, law enforcement officials executed the search after obtaining a warrant issued by a magistrate court.
However, El-Rufai maintains that the search was unlawful and carried out in violation of his fundamental rights.
In his application before the court, the former governor asked the judiciary to declare the search warrant invalid and the subsequent operation illegal.
He also demanded compensation amounting to N1 billion for what he described as an invasion of privacy, unlawful seizure of property, emotional distress, and reputational damage.
The Nigeria Police, through the office of the Inspector-General of Police, have strongly opposed the claims.
In a counter-affidavit submitted to the court, the police argued that the search was conducted in strict compliance with the law and followed due judicial process.
According to the police, the search of El-Rufai’s residence was authorized by a valid warrant issued by a competent court.
The law enforcement agency insisted that the operation formed part of an ongoing investigation and was carried out within the legal powers granted to the police under Nigerian law.
The counter-affidavit further stated that the police possess statutory authority to detect crimes, investigate suspects, arrest offenders, and initiate prosecutions where necessary.
On that basis, the police urged the court to dismiss the case entirely.
Authorities also suggested that the lawsuit filed by El-Rufai might be an attempt to shield himself from an ongoing investigation.
The police argued that allowing such actions to proceed without merit could hinder legitimate law enforcement activities.
When the case came up in court, proceedings were brief and mainly procedural.
The legal counsel representing the former governor, Ubong Akpan, informed the court that while a response had already been filed to the counter-affidavit submitted by the ICPC, the defence had not yet replied to the one filed by the police.
Following the update, the court agreed to adjourn the matter to allow all parties to properly respond to the filings before the hearing begins.
The lawyers representing the police and the ICPC did not oppose the request for an adjournment.
Justice Joyce Abdulmalik therefore fixed March 25 as the next hearing date for the case.
In addition, the court directed that hearing notices be issued to other parties involved in the suit who were not present during the session.
These include the Chief Magistrate of the Federal Capital Territory who issued the search warrant and the Attorney-General of the Federation.
In his suit, El-Rufai asked the court to declare that the search warrant issued on February 4 was legally defective.
He argued that the document lacked adequate details regarding the items to be seized and the scope of the search.
According to the former governor, the warrant contained drafting errors and ambiguous execution terms which made it invalid under Nigerian law.
His legal team also argued that the warrant failed to meet the requirements provided under the Administration of Criminal Justice Act (ACJA) 2015.
The law stipulates that any application for a search warrant must be supported by sworn information establishing reasonable grounds for suspicion.
Such applications must also clearly identify the location to be searched and provide a detailed description of the items investigators intend to recover.
In the court filing, El-Rufai argued that the warrant used in the operation did not satisfy these legal requirements.
He said it neither provided adequate details nor established probable cause before authorizing the search.
He further alleged that the search carried out on February 19 at his residence located at 12 Mambilla Street, Aso Drive, Abuja, amounted to an unlawful invasion of his home.
The former governor insisted that the operation violated several constitutional rights guaranteed under Nigerian law, including the right to dignity, personal liberty, fair hearing, and privacy.
These protections are contained in Sections 34, 35, 36, and 37 of the Nigerian Constitution, which safeguard citizens from arbitrary treatment by authorities.
Beyond seeking a declaration that the warrant was invalid, El-Rufai also requested financial compensation.
He argued that the search caused significant psychological stress, embarrassment, and damage to his public reputation.
According to the court documents, the N1 billion claim covers general damages, exemplary damages, and aggravated damages arising from the alleged breach of his rights.
Legal observers say the outcome of the case could clarify the balance between the investigative powers of law enforcement agencies and the constitutional protections available to citizens.
For now, the court will consider the arguments presented by both sides when the matter resumes later this month.
The hearing is expected to address whether the search conducted at El-Rufai’s residence complied with the law or amounted to a violation of his fundamental rights.
Ireport247news
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