Former Kaduna State Nasir El-Rufai has filed a N1 billion fundamental rights enforcement lawsuit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), challenging what he described as an unlawful search and invasion of his Abuja residence. El-Rufai contends that the warrant used for the operation was defective and unconstitutional.
Filed at the Federal High Court, Abuja under case number FHC/ABJ/CS/345/2026, the suit, led by his legal team headed by Oluwole Iyamu, SAN, seeks a declaration that the warrant issued on February 4 by the Chief Magistrate of the FCT Magistrate Court is “invalid, null and void.”
El-Rufai argues that the warrant was “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause,” making the February 19 search at his residence on House 12, Mambilla Street, Aso Drive, Abuja, a violation of Section 37 of the Constitution.
The former governor also seeks a declaration that the invasion and search, conducted by ICPC agents and the Inspector-General of Police under the allegedly invalid warrant, constituted a gross violation of his fundamental rights to human dignity, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.
He is requesting that any evidence seized during the search be deemed inadmissible in any proceedings against him and has applied for an injunction preventing the respondents from using or retaining any of the items taken. The suit also asks for the immediate return of all seized property with a detailed inventory.
In his damages claim, El-Rufai is seeking N1,000,000,000 in general, exemplary, and aggravated damages for trespass, unlawful seizure, psychological trauma, humiliation, distress, invasion of privacy, and reputational harm. He further breaks this down into N300 million for compensatory damages, N400 million as exemplary damages to deter future misconduct, N300 million as aggravated damages for the alleged malicious and oppressive conduct, and an additional N100 million to cover legal costs and associated expenses.
Iyamu, in support of the suit, contends that the warrant was fundamentally flawed, lacking specificity and containing multiple errors. Citing the Administration of Criminal Justice Act (ACJA) 2015, he noted defects in the address, date, and district designation, overbroad instructions to “all officers,” and ambiguous execution language. He further argued that evidence obtained under an invalid warrant is unlawful and inadmissible, referencing case law including C.O.P. v. Omoh (1969) and Fawehinmi v. IGP (2000).
An affidavit from El-Rufai’s principal secretary, Mohammed Shaba, alleges that on February 19 at about 2pm, ICPC and Nigeria Police officers entered the residence without lawful authority, seizing personal items including documents and electronic devices, and causing the former governor undue humiliation, psychological trauma, and distress.
The suit adds to a growing number of legal disputes surrounding investigations involving El-Rufai, with the Federal High Court expected to set dates for further proceedings as the respondents prepare their responses.
