
Abuja — Former Kaduna State Governor, Nasir El-Rufai, on Tuesday, narrowed the scope of his legal battle against federal agencies by withdrawing his fundamental rights enforcement suit against a chief magistrate of the FCT Magistrate Court.
The magistrate, originally cited as the 2nd defendant in El-Rufai’s N1 billion lawsuit, was struck out of the case by Justice Joyce Abdulmalik of the Federal High Court in Abuja. The decision followed the ex-governor’s inability to specifically identify the magistrate who signed the search warrant used to raid his residence.
The Road to Withdrawal
The legal detour began last Wednesday when Justice Abdulmalik pointed out “holes” in the suit, noting that the plaintiff had failed to provide the name of the specific judicial officer being sued. While El-Rufai’s counsel, Ugochukwu Nnakwu, initially sought an adjournment to identify the individual, he returned to court on Tuesday with a motion to withdraw the charges against that office entirely.
”We urge my lord to strike out the name of the second defendant as a party in this suit,” Nnakwu prayed, also requesting the court to strike out an earlier motion for substituted service.
While counsel for the ICPC, Abdul Mohammed, SAN, argued that striking out the magistrate effectively ended the case—as the core of the suit challenged the warrant the magistrate issued—Justice Abdulmalik ruled that the plaintiff has the right to conduct his case as he sees fit.
Context of the N1 Billion Suit
El-Rufai is seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Inspector-General of Police (I-G), and the Attorney-General of the Federation (AGF).
The suit stems from a February 19 raid on his residence at House 12, Mambilla Street, Aso Drive, Abuja. El-Rufai claims the invasion was a “gross violation” of his constitutional rights to privacy, dignity, and fair hearing. He is asking the court to:
- Declare the search warrant invalid, null, and void due to material errors and lack of specificity.
- Order the immediate return of all items seized.
- Restrain the government from using any evidence obtained during the “unlawful search” in any future prosecution.
The ICPC’s Defense
The ICPC has fired back, insisting the search was conducted legally under a warrant issued on February 18. In a detailed counter-affidavit, the commission revealed it recovered 67 items from the property, including:
- Electronic devices (Apple laptops, Blackberry and Nokia phones, hard drives, and flash drives).
- Financial records and stock investment folders.
- Assets declaration forms and documents related to the African Democratic Congress (ADC).
The commission maintained that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed Bello El-Rufai. The police supported this stance, arguing that the suit is a preemptive attempt to “shield” the former governor from ongoing investigations into allegations of money laundering and public property conversion.
The matter has been adjourned until June 17, 2026, to allow El-Rufai’s legal team to file an amended process.
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