Court fixes December 2 for judgment in El-Rufai’s N1bn suit against ICPC, Police, AGF

Justice Joyce Abdulmalik of the Federal High Court in Abuja has fixed December 2 for judgment in a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other respondents.

The judge fixed the date after lawyers representing the parties adopted their respective court processes.

When the case was called, however, El-Rufai’s counsel was absent from the courtroom.

Justice Abdulmalik ordered that all processes filed by the former governor be deemed adopted by the court.

Counsel to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Abdul Mohammed (SAN), identified and adopted the commission’s processes, urging the court to dismiss the suit in its entirety.

Similarly, the counsel representing the Inspector-General of Police, ACP Ezekiel Rimamsomte, and the Director of Civil Litigation and Public Law, Maimuna Lami-Shiru, who appeared for the Attorney-General of the Federation (AGF), adopted their respective processes and asked the court to dismiss the suit.

While proceedings were ongoing, Ubong Akpan, counsel to the former governor, entered the courtroom and apologised for arriving late.

When the lawyer sought the permission of the court to allow him adopt his court’s documents, he was informed by the judge that his processes had already been deemed adopted.

Justice Abdulmalik consequently adjourned the matter until Dec. 2 for judgment.

El-Rufai is demanding N1 billion in damages against ICPC, the Inspector-General of Police and the Attorney-General of the Federation.

He filed the suit, alleging that operatives of the ICPC and the police violated his rights following the search of his Abuja house on 20 February.

He prayed the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on Feb. 19 at about 2 pm by the ICPC and I-G amounts to a gross violation of his fundamental rights.

He said that it was a violation of the dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.”

He sought an order directing the 1st and 3rd respondents (ICPC and I-G) to forthwith return all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.

He also sought an order awarding the sum of N1,000,000,000.00 (One Billion Naira) as general, exemplary, and aggravated damages, among others.

Responding, in its counter affidavit, the ICPC said it received a petition against El-Rufai and, acting on the petition, it commenced an investigation, leading to the search at his residence.

It argued that its operatives acted under a valid search warrant issued on Feb. 18 and executed on Feb. 19 between 1:37 pm and 3:56 pm at 12 Mambilla Street, Asokoro, Abuja.

The commission said its officials were accompanied by personnel of the Nigeria Police Force, and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.

The ICPC, which urged the court to dismiss the suit, listed the items allegedly recovered from the residence.

The I-G, also in his counter affidavit deposed to by Insp Ewa Anthony, argued that he had the statutory power to detect, arrest, investigate and prosecute offenders.

He argued that the search carried out at El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.

He disagreed with the ex-governor that the search warrant was invalid, insisting that it was a genuine court order.

According to him, the applicant is trying to use the honourable court to shield him away from the security investigation and prosecution in the court of law.

He, therefore, prayed the court to dismiss the suit in its entirety.

The AGF, in his counter affidavit filed by Lami-Shiru, denied being privy to the facts of the alleged matter.

He argued that the ICPC and I-G acted within their statutory functions.

According to him, the items seized from the applicant (El-Rufai) by the 1st and 2nd respondents were seized to enable them to conclude the investigation on the applicant.

He submitted that the suit was an abuse of court processes because the former governor had two pending suits on the same subject matter before the FCT High Court.

The AGF, who argued that El-Rufai’s suit lacked merit as there are no legal and evidential justification to support all the claims and reliefs sought by him, prayed the court to dismiss it in its entirety.

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