By Taiye Agbaje
Former governor of Kaduna State, Nasir el-Rufai, on Tuesday, withdrew his fundamental rights enforcement suit against a chief magistrate at the FCT Magistrate’s Court, named as the 2nd defendant, in the N1 billion case.
Ugochukwu Nnakwu, who appeared for the ex-governor, informed Justice Joyce Abdulmalik of the Federal High Court in Abuja shortly after the case was called to hear his ex parte motion.
The withdrawal followed Justice Abdulmalik’s observation on Wednesday, when the matter was heard.
The News Agency of Nigeria (NAN) reports that the judge picked holes in the suit for failure to specify the magistrate who was sued as 2nd defendant.
Nnakwu then sought an adjournment to identify the proper name of the magistrate.
Upon 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 all court documents on the 2nd defendant (magistrate).
He, however, said that a motion to withdraw the suit against the 2nd defendant had been filed.
He said the motion, dated March 30, was filed on the same date.
“We urge my lord to strike out the name of the 2nd defendant as a party in this suit,” the lawyer prayed.
He also asked the court to strike out their 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 Independent Corrupt Practices and Other Related Offences Commission (ICPC), did not oppose the application.
Justice Abdulmalik, in a short ruling, struck out the magistrate’s name from the suit and also struck out the motion ex parte.
Nnakwu then sought an adjournment to amend the suit.
But Mohammed disagreed with the lawyer’s request to amend the suit.
Mohammed, who called the attention of the court to reliefs one, two and three in the former governor’s suit, said the prayers complained about the magistrate’s search warrant issued to the investigating agency.
According to the senior lawyer, having struck out the name of the 2nd defendant means there is no case before this court.
Responding, the judge told Mohammed to be patient and allow the plaintiff to present his case as he wants.
“Counsel (addressing Mohammed), you are jumping the gun. You can respond to this by filing a counter affidavit,” she said.
Justice Abdulmalik consequently adjourned the matter until June 17 at the instance of Nnakwu to enable him to file an amended process.
NAN reports that El-Rufai is demanding N1 billion in damages against ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; I-G and the AGF, named as 1st to 4th respondents respectively.
The former governor, in an originating motion on notice marked: FHC/ABJ/CS/345/2026, dated and filed February 20 by Oluwole Iyamu, SAN, sought seven reliefs.
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 2 pm by the ICPC and I-G, amounted to a gross violation of the applicant’s fundamental rights.
He said that it was a violation of the dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the 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.”
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 Ist and 3rd respondents (ICPC and I-G) to return forthwith all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.
He also sought an order awarding N1bn in general, exemplary, and aggravated damages, among others.
Responding in its counter-affidavit, the ICPC said 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 under a valid search warrant issued on February 18 and executed on February 19 between 1:37 pm and 3:56 pm 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 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, in their counter-affidavit deposed to by Insp Ewa Anthony, also argued that they had the statutory power to detect, arrest, investigate, and prosecute offenders.
It argued that the search carried out at el-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
It disagreed with the ex-governor that the search warrant was invalid, insisting that it was a genuine court order.
It said that its officers who carried out the operation complied with all applicable legal procedures in executing the search warrant.
According to the police, the applicant is attempting to use the honourable court to shield himself from a security investigation and prosecution in a court of law.
It, therefore, prayed the court to dismiss the suit in its entirety.
