The Inspector-General of Police has asked a Federal High Court in Abuja to dismiss a fundamental rights enforcement suit filed by former Kaduna State governor Nasir El-Rufai over the search of his Abuja residence.
El-Rufai is seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Chief Magistrate Court of the Federal Capital Territory, the IGP and the Attorney-General of the Federation, alleging violations of his constitutional rights.
The former governor is challenging a search carried out at his residence in the Asokoro area of Abuja by law enforcement agents, during which some items were reportedly recovered.
In a counter-affidavit filed before the court, the IGP defended the operation, arguing that the search was conducted based on a valid warrant issued by a competent court and carried out in accordance with the law.
The police chief also accused El-Rufai of attempting to use the lawsuit as a shield to avoid investigation and possible prosecution, stressing that the police have statutory powers to detect, arrest, investigate and prosecute offences.
During proceedings, El-Rufai’s lawyer, Ubong Akpan, told the court that he had not yet filed a response to the counter-affidavit submitted by the IGP, although he had responded to that of the ICPC.
Justice Joyce Abdulmalik subsequently adjourned the case to March 25 for hearing and directed that hearing notices be served on the Chief Magistrate of the FCT and the Attorney-General of the Federation, who were not represented in court.
In the suit, El-Rufai is asking the court to nullify the search warrant issued on February 4, arguing that it lacked specificity, contained drafting errors and did not establish probable cause, thereby violating his constitutional rights to privacy, dignity, personal liberty and fair hearing.
