El-Rufai heads to court, seeks ₦1bn damages over alleged illegal search of Abuja residence

Former Kaduna State Governor, Nasir El-Rufai, has instituted a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), alleging the unlawful invasion and search of his home in Abuja.

The suit, marked FHC/ABJ/CS/345/2026, was filed on February 20 at the Federal High Court, Abuja, by his counsel, Oluwole Iyamu (SAN). El-Rufai is challenging the legality of a search warrant issued on February 4 by a Chief Magistrate of the FCT Magistrates’ Court.

In the application, the former governor is asking the court to declare the warrant authorising the search and seizure at his residence invalid, null and void.

According to the suit, El-Rufai argued that the warrant was “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.”

The ICPC was listed as the first respondent, while the Chief Magistrate of the FCT Magistrates’ Court, Abuja Magisterial District, the Nigeria Police Force Inspector-General of Police, and the Office of the Attorney-General of the Federation were named as second to fourth respondents.

El-Rufai is seeking seven reliefs, including a declaration that the alleged invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m., carried out by operatives of the ICPC and the Nigeria Police Force under the disputed warrant, violated his fundamental rights.

He specifically urged the court to declare that the search “amounts to a gross violation of the applicant’s fundamental rights to dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.”

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The former governor further asked the court to hold 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.”

Among other prayers, he is seeking an order restraining the respondents from relying on or tendering any items seized during the operation in any investigation or prosecution involving him.

He also requested “an order directing the 1st and 3rd respondents (ICPC and I-G) to forthwith return all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.”

In addition, El-Rufai is demanding “the sum of N1,000,000,000.00 (One Billion Naira) as general, exemplary, and aggravated damages against the respondents jointly and severally for the violations of the applicant’s fundamental rights, including trespass, unlawful seizure, and the resultant psychological trauma, humiliation, distress, infringement of privacy, and reputational harm.”

He broke down the ₦1 billion claim into ₦300 million as compensatory damages for psychological trauma and emotional distress; ₦400 million as exemplary damages to deter future misconduct by law enforcement agencies; and ₦300 million as aggravated damages for what he described as the malicious and oppressive conduct of the respondents. He is also claiming ₦100 million as the cost of instituting the action, covering legal fees and related expenses.

Arguing the case, Iyamu maintained that the search warrant was fundamentally flawed, citing lack of specificity in the items to be seized, typographical errors, vague execution terms, overbroad directives, and the absence of verifiable probable cause.

According to him, “Section 143 of the ACJA requires that an application for a search warrant be supported by information in writing and on oath, setting forth reasonable grounds for suspicion,” which he said was lacking in this instance.

He added that Section 144 requires a precise description of the place to be searched and the items sought, but the warrant merely referred to “the thing aforesaid” without any particulars.

Iyamu further submitted that “Section 146 stipulates that the warrant must be in the prescribed form, free from defects that could mislead, but the document is riddled with errors in the address, date, and district designation.

“Section 147 allows direction to specified persons, but the warrant’s indiscriminate addressing to ‘all officers’ is overbroad and unaccountable.

“Section 148 permits execution at reasonable times, but the contradictory language creates ambiguity, undermining procedural clarity.”

He argued that the execution of the warrant on February 19 amounted to an unlawful invasion of his client’s residence and a breach of his constitutional rights, citing authorities including C.O.P. v. Omoh (1969) NCLR 137 and Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481.

In a supporting affidavit, Mohammed Shaba, a Principal Secretary to the former governor, stated that officers of the ICPC and the Nigeria Police Force stormed the residence on February 19 using what he described as a defective warrant issued on or about February 4.

Shaba deposed that the “search warrant did not specify the properties or items being searched for,” adding that officers failed to comply with required procedures before conducting the search.

He further alleged that personal documents and electronic devices were seized during the operation, resulting in “undue humiliation, psychological trauma, and distress,” and said none of the items had been returned. According to him, the suit was filed in good faith to enforce the applicant’s constitutional rights.

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