Court Rejects ICPC Delay Request, Adjourns El-Rufai's N1bn Rights Suit to March 31
The Federal High Court in Abuja has taken decisive action in the high-profile fundamental rights lawsuit filed by former Kaduna State Governor Nasir El-Rufai, seeking N1 billion in damages from the Independent Corrupt Practices and Other Related Offences Commission (ICPC). Justice Joyce Abdulmalik presided over the proceedings on Wednesday, March 25, where she declined a request by ICPC's counsel to delay the case and subsequently adjourned the matter until March 31 for further hearing.
Legal Proceedings and Judicial Ruling
When the case was called at approximately 11:00 AM, legal representatives from all parties were present in the courtroom. Ugochukwu Prince Nnakwu appeared for El-Rufai, while Isaac Akwo represented the ICPC. R.N. Maiguru stood for the Inspector-General of Police, and Chima Chidi Augustine represented the Attorney-General of the Federation.
ICPC's counsel, Isaac Akwo, requested that the matter be stood down until noon, explaining that the commission's legal representative was engaged in another matter at the Supreme Court. However, Justice Abdulmalik firmly declined this request, citing her own prior judicial engagements that made such a delay impractical.
The judge then raised a crucial procedural question regarding the second respondent in the case—a chief magistrate of the Federal Capital Territory. Nnakwu informed the court that the magistrate had not been properly served with court documents and applied for substituted service. When Nnakwu began arguing this application, Justice Abdulmalik interrupted to emphasize that the magistrate's name must be properly included in the suit before proceeding further.
Case Background and Legal Arguments
El-Rufai filed this fundamental rights suit following his detention by the ICPC on February 19 and the subsequent search of his Abuja residence. The former governor, who was separately arraigned before a Federal High Court in Kaduna on criminal charges, alleges that the February 4 search warrant issued by a chief magistrate was invalid, null, and void.
In his legal petition, El-Rufai argues that the search violated his constitutional rights to dignity, personal liberty, fair hearing, and privacy. He seeks a judicial declaration that the search warrant was unlawful, an injunction restraining the respondents from using any evidence obtained during the search, the return of all items seized from his residence, and N1 billion in general, exemplary, and aggravated damages.
The respondents have mounted a strong defense against these allegations. The ICPC stated in a counter-affidavit that it received a formal petition against El-Rufai and acted within its statutory powers to investigate, arrest, and prosecute offenders. The police similarly defended their actions, asserting that the search was conducted under a properly issued warrant from a competent court.
Procedural History and Future Proceedings
This case has experienced multiple procedural delays since its initiation. On March 3, the hearing stalled because only El-Rufai's lawyer was present, and the respondents had not been properly served with court documents. The matter was adjourned again on March 11 to allow all parties time to regularize their legal processes, including responding to filed counter-affidavits.
During the latest hearing, lawyers for the other respondents confirmed that they had filed their counter-affidavits. Justice Abdulmalik subsequently ordered that a hearing notice be served on the magistrate and formally adjourned the case until March 31 specifically for the hearing of the substituted service application.
The lawsuit names four respondents: the ICPC as first respondent, a chief magistrate of the Federal Capital Territory as second respondent, the Inspector-General of Police as third respondent, and the Attorney-General of the Federation as fourth respondent. This legal action represents a significant challenge to law enforcement procedures and has attracted substantial public and media attention.
Political analyst Kelly Agaba has commented on the broader implications of El-Rufai's detention, characterizing it as a potential abuse of power by the current administration. Agaba emphasized the importance of judicial intervention in addressing allegations against public figures and warned that Nigerians would resist any infringement on their constitutional rights while demanding greater government accountability.
The case now awaits its next hearing date of March 31, when the court will address the substituted service application and potentially move closer to substantive hearings on the fundamental rights allegations and the substantial damages being sought by the former Kaduna State governor.
