El-Rufai Files N1bn Suit Against ICPC Over Alleged Unlawful Home Raid

Former Kaduna State governor, Nasir El-Rufai, has filed a N1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over the alleged unlawful invasion and search of his Abuja residence.

El-Rufai, through his team of lawyers led by Oluwole Iyamu, SAN, was asking the court to declare that the search warrant issued on February 4 by the Chief Magistrate of the Magistrate’s Court of the FCT was invalid, null and void.

He urged the court to hold that the warrant authorising the search and seizure at his residence lacked particularity, contained material drafting errors, was ambiguous in its execution parameters, overbroad, and issued without probable cause, thereby amounting to an unlawful and unreasonable search in violation of Section 37 of the Constitution.

The News Agency of Nigeria (NAN) reports that in the originating motion on notice marked FHC/ABJ/CS/345/2026, the former governor listed the ICPC as the 1st respondent. He also joined the Chief Magistrate, Magistrate’s Court of the FCT, Abuja Magisterial District; the Inspector-General of Police; and the Attorney-General of the Federation as the 2nd to 4th respondents, respectively.

In the suit dated and filed on February 20, El-Rufai sought seven reliefs. He asked the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m., executed by agents of the ICPC and the police under what he described as an invalid warrant, constituted a gross violation of his fundamental rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the Constitution.

He further prayed the court to declare that any evidence obtained pursuant to the alleged invalid warrant and unlawful search is inadmissible in any proceedings against him, having been procured in breach of constitutional safeguards.

El-Rufai is also seeking an injunction restraining the respondents and their agents from relying on, using or tendering any evidence or items seized during the search in any investigation, prosecution or proceedings involving him.

He asked the court to order the ICPC and the Inspector-General of Police to immediately return all items seized from his premises, alongside a detailed inventory.

The former governor is claiming N1 billion as general, exemplary and aggravated damages for alleged violations of his fundamental rights, including trespass, unlawful seizure, psychological trauma, humiliation, distress, infringement of privacy and reputational harm.

He broke down the sum to include N300 million as compensatory damages for psychological trauma and loss of personal security; N400 million as exemplary damages to deter future misconduct by law enforcement agencies; and N300 million as aggravated damages for what he described as the malicious and oppressive execution of a defective warrant. He also sought N100 million as the cost of filing the suit, including legal fees.

In his grounds of argument, Iyamu contended that the warrant was fundamentally defective, lacking specificity in the description of items to be seized, containing typographical errors, ambiguous execution terms and overbroad directives, with no verifiable probable cause.

He argued that this contravened Sections 143–148 of the Administration of Criminal Justice Act, 2015; Section 36 of the ICPC Act, 2000; and constitutional protections against arbitrary intrusion.

Specifically, he submitted that Section 143 of the ACJA requires that an application for a search warrant be supported by written information on oath stating reasonable grounds for suspicion — which he said was absent. He added that Section 144 mandates a clear description of the place to be searched and items sought, while Sections 146–148 prescribe proper form, direction and execution parameters.

Iyamu cited judicial precedents including C.O.P. v. Omoh (1969) and Fawehinmi v. IGP (2000), arguing that evidence obtained through improper or vague warrants violates fundamental rights and must be excluded.

In an affidavit supporting the application, Mohammed Shaba, a Principal Secretary to the former governor, stated that officers from the ICPC and the Nigeria Police Force invaded the residence on February 19 under a purported warrant issued on or about February 4.

He averred that the warrant did not specify the properties or items being searched for and that officers failed to submit themselves for search as required by law before conducting the operation.

Shaba further alleged that during the search, officers seized personal items, including documents and electronic devices, causing undue humiliation and distress. He stated that none of the seized items had been returned and that the respondents continued to rely on what he described as unlawfully obtained evidence.

According to him, the application was filed in good faith to enforce the former governor’s constitutional rights.