The Federal High Court in Abuja has scheduled December 2, 2026, to deliver judgment in a ₦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 other federal authorities.
Justice Joyce Abdulmalik announced the date on Tuesday after considering the written submissions of the parties involved in the legal dispute.
El-Rufai is challenging the February 19 search of his Abuja residence by security operatives, arguing that the operation violated several rights guaranteed under the Nigerian Constitution.
The former governor is seeking financial compensation, the return of items allegedly seized during the operation and an order preventing investigators from using evidence obtained through the disputed search.
Other respondents in the case are the Inspector-General of Police and the Attorney-General of the Federation.
El-Rufai Challenges Search of Abuja Residence
The case, marked FHC/ABJ/CS/345/2026, originated from an application filed on February 20, 2026, by El-Rufai’s legal team, led by Senior Advocate of Nigeria Oluwole Iyamu.
In the application, the former governor alleged that operatives of the ICPC and the police unlawfully entered and searched his property at No. 12 Mambilla Street, Asokoro, Abuja, on February 19.
He argued that the search infringed his constitutional protections relating to human dignity, personal liberty, fair hearing and privacy.
His lawyers relied on Sections 34, 35, 36 and 37 of the 1999 Constitution, as amended, in seeking declarations against the respondents.
El-Rufai maintained that the warrant used to conduct the operation was invalid and that materials obtained through the search should not be admitted as evidence in any proceedings against him.
The allegations remain contested, with the security agencies insisting that the operation was legally authorised.
Former Governor Demands ₦1bn Compensation and Return of Seized Items
Beyond monetary compensation, El-Rufai wants the court to prohibit the respondents from relying on documents or other materials recovered during the disputed search.
He is also seeking an order directing the ICPC and police to return all seized items, accompanied by a detailed inventory.
The former governor’s application contains seven reliefs, including declarations that the search breached his fundamental rights.
The court has yet to determine whether the warrant was valid or whether the conduct of investigators amounted to a constitutional violation.
ICPC Insists Search Was Conducted Under Valid Court Warrant
In its defence, the ICPC rejected El-Rufai’s allegations and asked the Federal High Court to dismiss the case.
The anti-corruption agency said it received a petition concerning the former governor and subsequently opened an investigation.
According to the commission, investigators obtained a search warrant from a competent court on February 18, a day before the operation.
It maintained that the warrant was executed on February 19 between 1:37 p.m. and 3:56 p.m. at the former governor’s Abuja residence.
The ICPC said its operatives were accompanied by officers of the Nigeria Police Force.
It further claimed that El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai, witnessed the search.
The commission also provided the court with a list of items it said were recovered from the property.
The agency argued that its officers acted within the law and that the search formed part of an authorised investigation.
Police Reject Allegations of Unlawful Search
The Inspector-General of Police similarly opposed the former governor’s application.
In a counter-affidavit sworn by Inspector Ewa Anthony, the police maintained that their officers possessed the legal authority to investigate suspected offences and execute valid judicial warrants.
The police argued that the February 19 operation complied with applicable legal procedures.
They also rejected El-Rufai’s assertion that the warrant was defective, insisting that it had been properly issued by a court.
The police position was that the fundamental rights action should not be used to obstruct a lawful criminal investigation.
The Inspector-General consequently urged the court to dismiss the suit.
Attorney-General Says El-Rufai’s Suit Lacks Merit
The Attorney-General of the Federation also challenged the application.
In a counter-affidavit filed through Maimuna Lami-Shiru, Director of Civil Litigation and Public Law, the AGF’s office said it was not directly involved in the events surrounding the search.
It maintained that the ICPC and police acted within their statutory responsibilities.
The AGF further argued that the items recovered during the operation were being retained for investigative purposes.
The office also raised concerns about multiple legal proceedings, claiming that El-Rufai had two other cases concerning the same subject matter pending before the Federal Capital Territory High Court.
On that basis, the AGF asked the court to reject the application as an abuse of judicial process.
That argument is among the issues awaiting the court’s determination.
Drama as El-Rufai’s Lawyer Arrives Late for Court Proceedings
Tuesday’s hearing featured a brief procedural development after El-Rufai’s lawyer, Ubong Akpan, was absent when the case was initially called.
Justice Abdulmalik proceeded to treat the former governor’s filed court documents as formally adopted.
Abdul Mohammed, SAN, representing the ICPC, adopted the commission’s submissions and asked the court to dismiss the action.
ACP Ezekiel Rimamsomte appeared for the Inspector-General of Police, while Maimuna Lami-Shiru represented the Attorney-General of the Federation.
Both lawyers adopted their respective submissions and urged the court to rule against El-Rufai.
Akpan later entered the courtroom and apologised for arriving late.
When he requested permission to adopt his client’s submissions, the judge informed him that the court had already deemed the documents adopted.
Justice Abdulmalik subsequently fixed December 2 for judgment.
Magistrate Removed From El-Rufai’s Lawsuit
The case initially included a Chief Magistrate of the Federal Capital Territory as one of the respondents.
However, the former governor later removed the magistrate from the proceedings after the court raised concerns about the failure to identify the judicial officer by name.
The action now proceeds against the ICPC, Inspector-General of Police and Attorney-General of the Federation.
What Happens Next in El-Rufai’s ₦1bn Lawsuit?
The Federal High Court is expected to determine whether the February 19 search was legally authorised and whether the former governor’s constitutional rights were violated.
The judgment may also address the admissibility of evidence obtained during the operation, the return of seized property and the claim for ₦1 billion in damages.
The parties have presented conflicting accounts concerning the legality of the search warrant and the actions of security operatives.
Until the court delivers its decision, neither El-Rufai’s allegations of rights violations nor the respondents’ legal defences should be treated as judicial findings.
The matter has been adjourned to December 2, 2026, for judgment.
