Former Governor Files N1 Billion Lawsuit Over Alleged Unlawful Home Invasion
Former Kaduna State governor Nasir El-Rufai has initiated a N1 billion fundamental rights enforcement lawsuit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The legal action stems from what El-Rufai describes as an unlawful invasion and search of his Abuja residence, with his legal team asserting that the warrant used for the operation was defective and unconstitutional.
Legal Proceedings and Court Details
In the suit, filed at the Federal High Court in Abuja under the case number FHC/ABJ/CS/345/2026, El-Rufai, represented by his lawyers led by Senior Advocate of Nigeria Oluwole Iyamu, has requested the court to declare the search warrant issued on February 4 by the Chief Magistrate of the FCT Magistrate Court as "invalid, null and void." He argues that the warrant suffers from a lack of particularity, contains material drafting errors, exhibits ambiguity in execution parameters, is overly broad, and lacks probable cause. According to El-Rufai, these flaws render the search unlawful and unreasonable, directly violating Section 37 of the Nigerian Constitution, which protects the right to privacy.
Allegations of Constitutional Violations
El-Rufai further seeks a declaration from the court that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, which occurred on February 19 at approximately 2 p.m., conducted by agents of the ICPC and the Inspector-General of Police under the allegedly invalid warrant, constitutes a gross violation of his fundamental rights. These rights include the dignity of the human person, personal liberty, fair hearing, and privacy, as enshrined in Sections 34, 35, 36, and 37 of the Constitution. He emphasizes that any evidence obtained through this search should be deemed inadmissible in any proceedings against him, as it was procured in breach of constitutional safeguards.
Specific Demands and Damages Claim
In addition to these declarations, the former governor is requesting an injunction to restrain the respondents and their agents from relying on any items seized during the search. He also seeks an order directing the ICPC and the Inspector-General of Police to immediately return all seized items, along with a detailed inventory. El-Rufai's damages claim totals N1 billion, which he breaks down into several components:
- N300 million as compensatory damages for psychological trauma, emotional distress, and loss of personal security.
- N400 million as exemplary damages intended to deter future misconduct by law enforcement agencies and to vindicate his rights.
- N300 million as aggravated damages for the malicious, high-handed, and oppressive nature of the respondents' actions, including the use of a patently defective warrant obtained through misleading representations.
- N100 million to cover the cost of filing the suit, including legal fees and associated expenses.
Legal Arguments and Supporting Evidence
Arguing the grounds for the application, Oluwole Iyamu highlighted that the warrant was fundamentally defective, lacking specificity and containing serious errors. He cited provisions of the Administration of Criminal Justice Act (ACJA) 2015, noting that Section 146 requires the warrant to be in the prescribed form and free from defects that could mislead, but the document in question is riddled with errors in the address, date, and district designation. Additionally, 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 contradictory language in the warrant creates ambiguity, undermining procedural clarity.
Iyamu also argued that evidence obtained without a valid warrant is unlawful and inadmissible, referencing case law such as C.O.P. v. Omoh (1969) NCLR 137 and Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481. In an affidavit in support of the suit, Mohammed Shaba, a principal secretary to the former governor, alleged that on February 19 at about 2 p.m., officers from the ICPC and Nigeria Police Force entered the residence under a purported warrant issued on or about February 4. Shaba claimed the "search warrant did not specify the properties or items being searched for," and further alleged that during the invasion, the officers searched the premises without lawful authority, seized personal items including documents and electronic devices, and caused El-Rufai undue humiliation, psychological trauma, and distress.
Broader Context and Future Proceedings
This lawsuit adds to a growing list of legal disputes linked to investigations involving the former governor. The court is expected to fix dates for further proceedings as the respondents prepare their replies. The case underscores ongoing tensions between public figures and law enforcement agencies in Nigeria, highlighting concerns over procedural integrity and the protection of fundamental rights during investigations.
