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By Correspondent in Abuja.
The Federal High Court in Abuja on Wednesday flagged procedural lapses in the N1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four other respondents.
Justice Joyce Abdulmalik criticized the suit after El-Rufai’s counsel, Ugochukwu Nnakwu, admitted that the Chief Magistrate, sued as the 2nd respondent, had not been served.
Our correspondent reports that efforts to move a substituted service application were halted by the judge, who pointed out that the magistrate’s specific name was missing from the application.
All other parties, including ICPC, the Inspector-General of Police, and the Attorney-General of the Federation, were represented in court.
Justice Abdulmalik subsequently adjourned the matter until March 31 to allow proper service of notice on the 2nd respondent and to hear pending motions.
El-Rufai, in his originating motion filed on February 20, is seeking seven reliefs, including a declaration that the February 19 search of his residence at House 12, Mambilla Street, Asokoro, Abuja, violated his fundamental rights to dignity, personal liberty, fair hearing, and privacy under Sections 34–37 of the Constitution.
He also wants an order restraining the respondents from using any evidence seized during the search and is claiming N1 billion in damages.
In response, ICPC stated that the search followed a valid court-issued warrant issued on February 18 and was conducted with police personnel, witnessed by El-Rufai’s wife and son.
The commission argued that the ex-governor’s suit is baseless and urged the court to dismiss it.
The Nigeria Police Force also defended the operation, insisting the search was lawful, conducted in compliance with all legal procedures, addimg that El-Rufai cannot use the courts to evade lawful investigation and prosecution.
Justice Abdulmalik ordered that a hearing notice be issued to the 2nd respondent adding that the case will continue on March 31.
