Former Kaduna State Governor Nasir El-Rufai has instituted a N1 billion fundamental rights enforcement action against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), alleging an unlawful search of his Abuja residence.
The former governor is asking the court to void the search warrant used for the operation and to bar authorities from relying on any materials obtained during the exercise, which he describes as unconstitutional and oppressive.
He also seeks substantial damages, claiming that the actions of the anti-graft agency and other respondents caused reputational harm, emotional distress and violations of his guaranteed liberties.
In the originating motion marked FHC/ABJ/CS/345/2026 and filed on Feb. 20 by his lawyer, Oluwole Iyamu, SAN, El-Rufai sued ICPC as first respondent, alongside the Chief Magistrate of the FCT Magistrate’s Court, the Inspector-General of Police and the Attorney-General of the Federation as second to fourth respondents. The suit challenges a warrant issued on Feb. 4 and executed on Feb. 19 at about 2pm at House 12, Mambilla Street, Aso Drive, Abuja.
He urged the court to declare the warrant “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.” He further prayed the court to hold that the raid “amounts to a gross violation of the applicant’s fundamental rights to dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.”
The applicant is also seeking an order that “any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant, as it was procured in breach of constitutional safeguards.” He requested the return of all seized items and asked for “An order awarding the sum of N1,000,000,000.00 (One Billion Naira) as general, exemplary, and aggravated damages against the respondents jointly and severally.”
The breakdown of the claim includes N300 million as compensatory damages, N400 million as exemplary damages and N300 million as aggravated damages, in addition to N100 million as litigation costs. Iyamu argued that the warrant contravened Sections 143 to 148 of the Administration of Criminal Justice Act, 2015, Section 36 of the ICPC Act, 2000, and constitutional safeguards against arbitrary intrusion.
In an affidavit, Mohammed Shaba, a Principal Secretary to the former governor, stated that officers from the ICPC and Nigeria Police Force “invaded the residence under a purported search warrant issued on or about Feb. 4,” adding that the “search warrant did not specify the properties or items being searched for.”
He further alleged that personal documents and electronic devices were taken and that none had been returned, maintaining that the application was brought in good faith to enforce his principal’s constitutional rights.
