The Federal High Court in Abuja on Wednesday expressed new concerns over the ₦1 billion fundamental rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four other respondents.
The presiding judge, Justice Joyce Abdulmalik, expressed dissatisfaction when El-Rufai’s lawyer, Ugochukwu Nnakwu, told the court that the second respondent, a magistrate, had not yet been served.
All parties except the 2nd respondent were represented in court on Wednesday.
Also, during the day’s proceedings, the lawyer representing the ICPC, Isaac Akwo, requested that the matter be stood down until noon to allow his senior, Abdu Mohammed (SAN), to appear, but the judge declined due to another engagement.
Justice Abdulmalik asked Nnakwu to specify the magistrate named in the suit. Nnakwu acknowledged the judge’s intervention and sought an adjournment to regularize the process.
The application by El-Rufai’s lawyer was not opposed by the lawyers for other respondents, including R.N. Maiguru (Inspector-General of Police) and Chima Augustine (Attorney-General of the Federation).
Thereafter, Justice Abdulmalik adjourned the matter until March 31 for the hearing of the pending motion and ordered that a hearing notice be issued and served on the 2nd respondent.
Recall that El-Rufai had slammed a ₦1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Enforcement Commission (ICPC) for what he claimed was an unlawful invasion of his Abuja residence.
El-Rufai, in a suit filed at the Federal High Court in Abuja, also listed the Chief Magistrate, Magistrate’s Court of the FCT, Abuja Magisterial District; Inspector-General of Police, and the Attorney-General of the Federation (AGF) as 2nd to 4th respondents respectively.
According to the suit filed through his lawyers, led by Oluwole Iyamu, El-Rufai prayed the court to declare that the search warrant issued on February 4 by the Chief Magistrate, Magistrate’s Court of the FCT (2nd respondent), authorising the search and seizure at his residence as invalid, null and void.
He also requested the return of all items taken during the operation, along with a detailed inventory.
However, the ICPC in a counter-affidavit, said it received a petition against El-Rufai and conducted the search pursuant to a valid warrant issued on February 18.
The Nigerian Police also insisted that its actions were lawful and urged the Federal High Court in Abuja to dismiss the fundamental rights enforcement suit filed by the former Governor.
The police contended that El-Rufai is attempting to use the court to shield himself from legitimate investigation and possible prosecution.
