The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has asked the Federal High Court in Abuja to dismiss a ₦1bn fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, over the search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission.
Mr Fagbemi, through a lawyer from the Federal Ministry of Justice, Maimuna Lami-Shiru, argued that the suit lacked merit and that Mr El-Rufai had failed to establish a reasonable cause of action.
The case, marked FHC/ABJ/CS/345/2026, followed the search of Mr El-Rufai’s residence at House 12, Mambilla Street, Aso Drive, Abuja, by ICPC officials and police officers.
Mr El-Rufai is challenging the validity of the search warrant used during the operation. He wants the court to declare the warrant invalid and void, alleging that it contained drafting errors, ambiguity and other defects that made the search an unlawful and unreasonable intrusion into his privacy.
He also contends that the search and seizure violated his constitutional rights to dignity, personal liberty, fair hearing and privacy.
AGF says agencies acted within the law
At Monday’s proceedings, the AGF notified the court that he had filed a counter-affidavit challenging the competence of the suit.
Mr Fagbemi denied that Mr El-Rufai’s fundamental rights were violated, maintaining that the ICPC and Inspector-General of Police acted within the law when the search was conducted.
He further argued that items recovered from the residence were required to assist the ongoing investigation. The AGF also contended that Mr El-Rufai’s case amounted to an abuse of court process because, according to the Federal Government, there are other pending suits concerning the same subject matter before an FCT High Court.
The AGF consequently urged the court to dismiss the former governor’s application.
ICPC defends search and seized items
The ICPC had earlier filed its own counter-affidavit seeking the dismissal of the suit.
The commission said the search was carried out as part of an investigation into a petition against Mr El-Rufai and that its officers acted pursuant to a search warrant issued by a competent court.
Items listed as recovered during the operation include mobile phones, electronic storage devices, flash drives, a MicroSD card, a reMarkable tablet and an Apple MacBook Pro, among others.
The ICPC also obtained court permission in March to examine and analyse electronic devices allegedly recovered during the search.
El-Rufai seeks ₦1bn damages
Apart from challenging the search warrant, Mr El-Rufai is asking the court to order the respondents to return all items seized from his residence and provide a detailed inventory.
He is also seeking an order preventing the respondents from using or tendering evidence obtained from the disputed search in any investigation or prosecution involving him.
His ₦1bn damages claim comprises ₦300m in compensatory damages, ₦400m in exemplary damages and ₦300m in aggravated damages. He also seeks ₦100m as the cost of litigation.
The former governor argues that the alleged unlawful search caused psychological trauma, emotional distress, loss of personal security, humiliation and infringement of his privacy.
Court adjourns case
Justice Joyce Abdulmalik adjourned the matter until 27 October 2026, to allow Mr El-Rufai’s lawyer, Akinyemi Aremu, to respond to the AGF’s counter-affidavit.
The court has therefore not yet determined whether the search violated Mr El-Rufai’s constitutional rights or whether he is entitled to the damages and other reliefs he is seeking.
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