Former Kaduna State Governor, Nasir El-Rufai, has suffered a fresh setback in his legal battle with the Federal Government after the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, asked the Federal High Court in Abuja to dismiss his N1 billion fundamental rights suit.
The AGF filed a counter-affidavit challenging the suit and arguing that El-Rufai had not provided sufficient legal or evidential grounds to support the reliefs he is seeking.
The case, marked FHC/ABJ/CS/345/2026, arose from the search of El-Rufai’s Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission and police officers on February 19, 2026.
Justice Joyce Abdulmalik of the Federal High Court in Abuja on Monday granted an application by the AGF seeking an extension of time to regularise his counter-affidavit.
The application was moved by Maimuna Lami-Shiru, Director of Civil Litigation at the Federal Ministry of Justice.
The former governor’s counsel, Akinyemi Aremu, as well as lawyers representing the police and the ICPC, did not oppose the application.
Justice Abdulmalik subsequently adjourned the matter until October 27 for definite hearing.
In his response, Fagbemi maintained that El-Rufai’s case lacked merit and that the claims made against the respondents were not supported by sufficient legal or factual grounds.
The AGF also argued that the former governor’s action amounted to an abuse of court process, claiming that there were already other suits before the High Court of the Federal Capital Territory concerning the same subject matter.
He further denied being privy to the facts surrounding the search, insisting that the ICPC and the Inspector-General of Police acted in the discharge of their statutory responsibilities.
According to the AGF, the items removed from El-Rufai’s residence were taken as part of the investigation being conducted by the relevant authorities.
The position puts the Federal Government directly against the former governor’s claim that the operation violated his constitutional rights.
El-Rufai had approached the Federal High Court after the February 19 operation at his residence located at House 12, Mambilla Street, Aso Drive, Abuja.
In the suit, he asked the court to declare that the search and seizure carried out by the ICPC and the police amounted to a violation of his fundamental rights to dignity, personal liberty, fair hearing and privacy under Sections 34, 35, 36 and 37 of the 1999 Constitution.
He also wants the court to order the immediate return of all items taken from his residence, together with a detailed inventory of the seized property.
The former governor is demanding N1 billion in general, exemplary and aggravated damages over the alleged violation of his rights.
He is also challenging the use of evidence obtained from what he described as an unlawful search.
El-Rufai has argued in the proceedings 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.”
He is also seeking an order restraining the respondents from relying on or tendering the seized materials in any investigation, prosecution or other proceedings involving him.
The respondents have rejected his account.
The ICPC had earlier told the court that its officers searched the former governor’s residence as part of an investigation arising from a petition against him.
The commission said the operation was carried out pursuant to a search warrant and that its officers were accompanied by members of the Nigeria Police Force.
According to the ICPC, the search took place between 1:37pm and 3:56pm on February 19 and was witnessed by El-Rufai’s wife, Hadiza, and his son, Mohammed.
The commission has maintained that its operatives acted lawfully and within the scope of their investigative powers.
It has consequently asked the court to dismiss the former governor’s case.
The police have taken a similar position.
In its counter-affidavit, the Inspector-General of Police maintained that the force has the statutory authority to detect, arrest, investigate and prosecute suspected offenders.
The police also disputed El-Rufai’s challenge to the search warrant, insisting that the operation was conducted pursuant to an order issued by a competent court.
The force further argued that its officers complied with the applicable procedures while executing the warrant.
The police accused the former governor of attempting to use the fundamental rights proceedings to shield himself from an ongoing investigation and possible prosecution.
The dispute over the warrant remains one of the major issues before the court.
El-Rufai has questioned the validity of the warrant used during the search and has asked the court to determine whether the materials recovered from his residence can lawfully be relied upon.
The Federal Government and the law enforcement agencies, however, have maintained that the search was authorised and carried out as part of an investigation.
The court has not yet made a final determination on the validity of the search or the legality of the seizure of the items.
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