By Dennis Okechukwu
The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has urged the Federal High Court in Abuja to dismiss a fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai over a search of his Abuja residence.
Fagbemi, in a counter-affidavit filed before the court, argued that the suit lacked merit and that there were no sufficient legal or evidential grounds to support the reliefs sought by the former governor.
The AGF also described the case as an abuse of court process, arguing that El-Rufai had two other pending suits on the same subject matter before the High Court of the Federal Capital Territory.
He further stated that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Inspector-General of Police (IGP) acted within their statutory powers when they searched El-Rufai’s residence and seized items during an ongoing investigation.
El-Rufai, in the suit marked FHC/ABJ/CS/345/2026, is challenging the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19.
The former governor is asking the court to declare the search and seizure a violation of his fundamental rights and order the immediate return of all items taken from the premises, alongside a detailed inventory.
He is also seeking N1 billion in general, exemplary and aggravated damages.
The ICPC and IGP have separately opposed the suit and urged the court to dismiss it.
The ICPC said it commenced an investigation following a petition against El-Rufai and subsequently obtained a search warrant issued on February 18, which was executed the following day.
The commission said its operatives conducted the search between 1:37pm and 3:56pm at the Abuja residence, accompanied by personnel of the Nigeria Police Force. It added that the exercise was witnessed by El-Rufai’s wife, Hadiza, and son, Mohammed.
The police, in its counter-affidavit, maintained that it had statutory powers to detect, arrest, investigate and prosecute suspected offenders.
It argued that the search was conducted pursuant to a valid warrant issued by a competent court and rejected El-Rufai’s claim that the warrant was invalid.
According to the police, its officers complied with the applicable legal procedures in executing the warrant.
The police also accused El-Rufai of attempting to use the court proceedings to shield himself from an ongoing security investigation and possible prosecution.
At Monday’s proceedings, Justice Joyce Abdulmalik granted the AGF’s application for an extension of time to file and serve his counter-affidavit.
The court subsequently adjourned the case until October 27 for hearing.
Court grants Nnaji medical travel request
In a related matter, Justice Abdulmalik granted former Minister of Innovation, Science and Technology, Uche Nnaji, permission to temporarily obtain his international passport for a medical trip abroad.
Nnaji, who is facing a six-count criminal charge before the court, had his passport deposited as part of his bail conditions.
His lawyer, Ogwu Onoja (SAN), told the court that the former minister required the passport to enable him travel abroad for medical treatment.
The court granted the application and adjourned the case until October 26 for trial.
Nnaji was arraigned on July 13 in a charge filed by the ICPC. He is facing allegations including corruption, fraud, conferring corrupt advantage upon himself and giving false information relating to purported National Youth Service and university degree certificates.