El-Rufai Withdraws N1 Billion Fundamental Rights Suit Against Abuja Magistrate
Former Kaduna State Governor, Nasir El-Rufai, has officially withdrawn his fundamental rights enforcement suit against a chief magistrate at the Federal Capital Territory (FCT) Magistrate's Court. The suit, which sought N1 billion in damages, was withdrawn on Tuesday during proceedings at the Federal High Court in Abuja.
Procedural Issues Lead to Withdrawal
Ugochukwu Nnakwu, counsel representing the former governor, informed Justice Joyce Abdulmalik of the Federal High Court in Abuja that a motion to withdraw the suit against the 2nd defendant (the magistrate) had been filed. This development followed Justice Abdulmalik's observation on Wednesday that the suit failed to properly specify the magistrate being sued as the 2nd defendant.
"We urge my lord to strike out the name of the 2nd defendant as a party in this suit," Nnakwu prayed before the court. He also requested that their earlier motion ex-parte be struck out, which the court granted without opposition from other parties.
Court Proceedings and Legal Arguments
Representatives from the police, Attorney-General of the Federation's office, and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) did not oppose the withdrawal application. However, when Nnakwu sought an adjournment to amend the suit, Abdul Mohammed, SAN, counsel for ICPC, objected.
Mohammed argued that with the magistrate's name struck out from the suit, there was effectively no case before the court. He pointed out that the original prayers in El-Rufai's suit specifically complained about the magistrate's search warrant issued to investigating agencies.
Justice Abdulmalik responded by advising Mohammed to be patient, stating, "Counsel, you are jumping the gun. You can respond to this by filing a counter affidavit." The judge subsequently adjourned the matter until June 17 to allow for filing of amended processes.
Background of the N1 Billion Suit
El-Rufai had filed the fundamental rights enforcement suit seeking N1 billion in damages against multiple parties including ICPC, the Chief Magistrate at the FCT Magistrate's Court, the Inspector-General of Police, and the Attorney-General of the Federation. The suit stemmed from a search operation conducted at his Abuja residence on February 19.
In his originating motion, the former governor sought seven reliefs including declarations that the search violated his fundamental rights to dignity, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Nigerian Constitution. He also sought an injunction restraining respondents from using any evidence obtained during the search and demanded the return of all seized items.
Respondents' Counter Arguments
In their counter affidavits, both ICPC and the police defended their actions. ICPC stated they acted on a valid search warrant issued on February 18 and executed on February 19, with the operation witnessed by El-Rufai's wife and son. The commission argued they were investigating a petition received against the former governor.
The police maintained they had statutory powers to investigate and that the search was executed pursuant to a genuine court order. They accused El-Rufai of attempting to use the court to shield himself from investigation and prosecution, urging the court to dismiss the suit entirely.
The case continues with the adjourned hearing scheduled for June 17, where amended processes will be considered as the legal battle over the controversial search operation progresses.
