Former governor of Kaduna State, Malam Nasir El-Rufai, on Tuesday, withdrew the N1 billion fundamental rights enforcement suit he filed against a Magistrate at the FCT Magistrate’s Court, named as 2nd defendant before the Federal High Court sitting in Abuja.
Counsel to the former governor, Ugochukwu Nnakwu, informed the trial judge, Justice Joyce Abdulmalik of the withdrawal shortly after the matter was called on Tuesday, to hear his ex-parte motion.
The withdrawal of the Magistrate followed an observation made by Justice Abdulmalik when the matter was heard on March 25, 2026.
At the proceedings of last week, the judge picked holes in El-Rufai’s suit for failing to specify the Magistrate who was sued as 2nd defendant in the matter.
Nnakwu then, sought an adjournment to properly identify the name of the Magistrate that was sued.
Upon resumed hearing on Tuesday, Nnakwu informed the court that the matter was scheduled for the hearing of their ex-parte motion for substituted service of all court documents on the 2nd defendant (Magistrate).
He however said that, a motion to withdraw the suit against the 2nd defendant had been filed on March 30, in urging the court to strike out the name of the 2nd defendant as a party in the suit and to equally strike out their earlier ex-parte motion before the court.
Ezekiel Rimamsomte, who appeared for the Police; Maimuna Shiru, who represented the Attorney-General of the Federation (AGF), and Abdul Mohammed, SAN, counsel for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), did not oppose the application and Justice Abdulmalik, in a short ruling, struck out the second defendant from the suit as well as the ex-parte motion.
After the ruling of the court Nnakwu prayed the court for an adjournment to enable him amend the suit, a request Mohammed, SAN disagreed with.
The senior lawyer who called the attention of the court to reliefs one, two and three in the former governor’s suit, said the prayers complained about was the Magistrate’s search warrant issued to the investigating agency.
According to him, having struck out the name of the 2nd defendant, it means there is no case before this court.
In her response, Justice Abdulmalik told Mohammed to be patient to allow the plaintiff do his case the way he wants and told the senior lawyer that, “He can respond to this by filing a counter affidavit” and
consequently adjourned the matter till June 17, 2026 at the instance of Nnakwu to enable him file an amended process.
The former governor is demanding a N1 billion in damages against ICPC, the Magistrate at the Magistrate’s Court of the FCT, Abuja, IGP and the AGF, who are listed as 1st to 4th respondents respectively.
El-Rufai, in his originating motion on notice marked: FHC/ABJ/CS/345/2026, filed on February 20 by Oluwole Iyamu, SAN, wants 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 2pm by the and ICPC and IGP amounts to a gross violation of the applicant’s fundamental rights.
He said, it was a violation to dignity of human person, personal liberty, fair hearing and privacy under Sections 34, 35, 36, and 37 of the Constitution.
He urged the court to declare that, “Any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant, as it was procured in breach of constitutional safeguards.”
El-Rufai, therefore, sought an order of injunction restraining the respondents and their agents from further relying on, using, or tendering any evidence or items seized during the unlawful search in any investigation, prosecution, or proceedings involving him.
He sought an order directing the 1st and 3rd respondents (ICPC and IGP) to forthwith, return all items seized from his premises during the unlawful search, together with a detailed inventory thereof and an order awarding the sum of N1 billion as general, exemplary, and aggravated damages, among others.
Responding, in its counter affidavit, the ICPC said it received a petition against El-Rufai and acting on the petition, it commenced an investigation, leading to the search at his residence.
It argued that its operatives acted under a valid search warrant issued on February 18 and executed on February 19 between 1:37pm and 3:56pm at 12 Mambilla Street, Asokoro, Abuja.
The Commission said its officials were accompanied by personnel of the Nigeria Police Force, and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the court to dismiss the suit, listed the items allegedly recovered from the residence.
Also in its counter affidavit deposed to by Insp Ewa Anthony, the police argued that it had the statutory power to detect, arrest, investigate and prosecute offenders and argued that, the search carried out at El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
The police disagreed with the former governor that the search warrant was invalid, insisting that it was a genuine court order adding that, its officers who carried out the operation, complied with all applicable legal procedures in the execution of the search warrant.
According to the police, the applicant is trying to use the court to shield him away from the security investigation and prosecution in the court of law and
prayed the court to dismiss the suit in its entirety.
END
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