Former Kaduna State governor, Nasir el-Rufai, has instituted a lawsuit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other parties, challenging what he described as the unlawful invasion and search of his Abuja residence.
In the suit, marked FHC/ABJ/CS/345/2026 and filed at the Federal High Court in Abuja, el-Rufai, through his legal team led by Oluwole Iyamu, is asking the court to invalidate the search warrant issued by a Federal Capital Territory magistrate court on February 4, which authorised the operation at his home.
The former governor, who has been in ICPC custody since Wednesday, February 18, over what the agency described as ongoing investigations, alleged that the search carried out at his residence violated his fundamental rights.
In the action, el-Rufai joined the issuing chief magistrate, the Inspector-General of Police (IGP), and the Attorney-General of the Federation (AGF) as respondents.
He is seeking a declaration that the search and seizure conducted by operatives of the ICPC and the Nigeria Police Force breached his rights to dignity, personal liberty, fair hearing and privacy, as guaranteed under Sections 34, 35, 36 and 37 of the 1999 Constitution.
Among other reliefs, el-Rufai urged the court to rule that any evidence obtained during the search is inadmissible, insisting that it was gathered in violation of constitutional safeguards. He also requested an order restraining the respondents from using any materials seized during the operation in any investigation or prosecution.
The former governor is further asking the court to direct the ICPC and the IGP to return all confiscated items, accompanied by a detailed inventory.
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He is demanding ₦1 billion in damages for alleged trespass, unlawful seizure, psychological trauma and reputational harm. The breakdown includes ₦300 million as compensation for emotional distress, ₦400 million as exemplary damages to deter future misconduct, and ₦300 million as aggravated damages for what he termed “malicious, high-handed and oppressive” conduct. He is also seeking ₦100 million to cover legal costs.
‘Warrant riddled with defects’
In his argument, Iyamu faulted the search warrant, describing it as fundamentally flawed.
“The search warrant was null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, over-breadth, and absence of probable cause, thereby constituting an unlawful and unreasonable search,” he said.
The lawyer argued that the warrant failed to specifically describe the items to be seized, contained typographical errors, and did not comply with the provisions of the Administration of Criminal Justice Act (ACJA) 2015.
According to Iyamu, the document vaguely referred to “the thing aforesaid” without proper description, was not in the prescribed format, and carried inaccuracies in address, date and district details.
He also criticised the warrant for being broadly addressed to “all officers,” describing it as overreaching and lacking accountability.
An affidavit sworn to by Mohammed Shaba, said to be a principal secretary to el-Rufai, alleged that ICPC and police operatives stormed the residence around 2 pm on February 19. He claimed the officers failed to specify the items they were searching for and did not submit themselves for inspection before commencing the operation.
Shaba further alleged that personal documents and electronic devices were seized and have yet to be returned, adding that the authorities “continue to rely on the unlawful evidence.”
He said the suit was filed in good faith to protect and enforce el-Rufai’s constitutional rights.