Former Kaduna State Governor Nasir El-Rufai has withdrawn his N1 billion fundamental rights enforcement suit against a magistrate previously listed as a defendant in the case challenging the legality of a search conducted at his residence.
Counsel to the former governor, Ugochukwu Nnakwu, informed the court that El-Rufai had decided to discontinue the case against the judicial officer and requested that the magistrate’s name be removed from the suit.
Nnakwu explained that the application followed issues earlier identified by the court regarding defects in the originating processes, particularly the failure to properly identify the magistrate listed as the second defendant.
He further told the court that although the matter had been scheduled for a hearing on a motion seeking substituted service on the magistrate, a fresh application dated March 30 was filed to strike out the magistrate’s name from the proceedings.
“We have filed an application requesting the court to remove the second defendant from the suit and to withdraw the earlier motion for substituted service,” Nnakwu said.
Lawyers representing the police, the Attorney-General of the Federation, and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) did not oppose the request when it was presented before the court.
In a brief ruling at the Federal High Court in Abuja on Tuesday, Justice Joyce Abdulmalik granted the application, ordering that the magistrate’s name be struck out from the case and removing the pending motion related to substituted service.
Following the ruling, Nnakwu requested an adjournment to allow the plaintiff to amend the originating processes in the suit.
However, counsel to the anti-corruption agency, Abdul Mohammed (SAN), opposed the request, arguing that the principal reliefs sought by the plaintiff were directly connected to the magistrate’s actions, particularly the issuance of the disputed search warrant.
“With the magistrate no longer a party in this matter, the suit has effectively lost its foundation,” Mohammed contended.
Responding, Justice Abdulmalik advised the defence team to allow the plaintiff to proceed with the matter, noting that objections could still be raised through appropriate legal processes.
The judge subsequently adjourned the case to enable the plaintiff to file an amended suit.
