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El-rufai Files N1Billion Suit Against ICPC for Unlawful Invasion of Residence

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By Yusuf Danjuma Yunusa

Former Gov. Nasir El-Rufai of Kaduna State has filed a N1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Enforcement Commission (ICPC) over alleged unlawful invasion of his Abuja residence.

El-Rufai, through his team of lawyers led by Oluwole Iyamu, SAN, prayed the court to declare that the search warrant issued on Feb. 4 by the Chief Magistrate, Magistrate’s Court of the FCT (2nd respondent), authorising the search and seizure at his residence was invalid, null and void.

He urged the court to declare that the search warrant was “null and void for lack of particularity, material drafting errors, ambiguity in execution parameters, overbreadth, and absence of probable cause thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.”

The News Agency of Nigeria (NAN) reports that the former governor had, in the originating motion on notice marked: FHC/ABJ/CS/345/2026, sued ICPC as 1st respondent.

El-Rufai named the Chief Magistrate, Magistrate’s Court of the FCT, Abuja Magisterial District; I-G and Attorney-General of the Federation (AGF) as 2nd to 4th respondents respectively.

In the suit dated and filed Feb. 20 by Iyamu, the detained ex-governor sought seven reliefs.

He prayed the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on Feb. 19 at about 2pm and executed by agents of ICPC and I-G, “under the aforesaid invalid warrant, amounts to a gross violation of the applicant’s fundamental rights to dignity of the 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.

“An order directing the Ist and 3rd respondents (ICPC and I-G) to forthwith retum all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.

“An order awarding the sum of N1,000,000,000.00 (One Billion Naira) as general, exemplary, and aggravated damages against the respondents jointly and severally for the violations of the applicant’s fundamental rights, including trespass, unlawful seizure, and the resultant psychological trauma, humiliation, distress, infringement of privacy, and reputational harm.”

El-Rufai did the breakdown of the N1 billion in damages to include “a N300 million as compensatory damages for psychological trauma, emotional distress, and loss of personal security;

A N400 million as exemplary damages to deter future misconduct by law enforcement agencies and vindicate the applicant’s rights.

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A N300 million as aggravated damages for the malicious, high-handed and oppressive nature of the respondents’ actions, including the use of a patently defective warrant procured through misleading representations.”

He equally sought a N100 million as cost of filing the suit, including legal fees and associated expenses.

In his grounds of argument, the senior lawyer argued that the search warrant was fundamentally defective, lacking specificity in the description of items to be seized, containing material typographical errors, ambiguous execution terms, overbroad directives, and no verifiable probable cause.

He said this was in contravention of Sections 143-148 of the Administration of Criminal Justice Act (ACJA), 2015; Section 36 of the Corrupt Practices and Other Related Offences (ICPC) Act, 2000, and constitutional protections against arbitrary intrusions.

Specifically, Iyamu argued that Section 143 of the ACJA requires that an application for a search warrant be supported by information in writing and on oath, setting forth reasonable grounds for suspicion, which was absent here as evidenced by the incomplete initiating clause;

He said Section 144 mandates particular descriptions of the place to be searched and the items sought, to prevent general warrants.

He, however, argued that the instant warrant vaguely referred to “the thing aforesaid” without any detail.

“Section 146 stipulates that the warrant must be in the prescribed form, free from defects that could mislead, but the document is riddled with errors in the address, date, and district designation;

“Section 147 allows direction to specified persons, but the warrant’s indiscriminate addressing to “all officers is overbroad and unaccountable.

“Section 148 permits execution at reasonable times, but the contradictory language creates ambiguity, undermining procedural clarity,” he submitted.

Iyamu stated that the execution of the invalid warrant on Feb. 19 resulted in an unlawful invasion of his client’s premises, constituting violations of the rights to dignity (Section 34), personal liberty (Section 35), fair hearing (Section 36), and privacy (Section 37) of the Constitution.

He further argued that the search was conducted without legal justification and in a manner that inflicted humiliation and distress.

“Evidence obtained without a valid warrant is unlawful and inadmissible, as established in judicial precedents such as C.O.P. v. Omoh (1969) NCLR 137, where the court ruled that evidence procured through improper means contravenes fundamental rights and must be excluded,” he said.

The lawyer, who also cited the case of Fawehinmi v. IGP (2000) 7 NWLR (Pt. 665) 481, said the court condemned vague warrants as affording unbridled discretion and leading to abuse.

He equally gave a plethora of cases to back his argument.

In the affidavit in support of the application, Mohammed Shaba, a Principal Secretary to the former governor, averred that on Feb. 19 at about 2p.m., officers from the ICPC and Nigeria Police Force invaded the residence under a purported search warrant issued on or about Feb. 4.

According to him, the said warrant is invalid due to its lack of specificity, errors, and other defects as outlined in the grounds of this application.

He said the “search warrant did not specify the properties or items being searched for.”

Shaba stated that the officers failed to submit themselves for search as provided by the law before proceeding with the search.

“That the Magistrate did not specify the magisterial district wherein he sits.

“That during the invasion, the officers searched the applicant’s premises without lawful authority, seized personal items including documents and electronic devices, and caused the applicant undue humiliation, psychological trauma, and distress.

“Now shown to me and marked as ‘EXHIBIT B’ Is the list of the items carted away.

“That no items seized have been returned, and the respondents continue to rely on the unlawful evidence.

“That the applicant suffered violations of his constitutional rights as a result, and this application is brought in good faith to enforce same,” Shaba said.

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President Tinubu Adds Days to Working Vacation, Returns at Weekend

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By Yusuf Danjuma Yunusa

President Bola Ahmed Tinubu will return to Nigeria this weekend after extending his working vacation in Europe by a few days, the State House announced Monday evening.

The President departed Nigeria on August 30 for London to begin the working vacation, which was initially expected to last three weeks. According to a statement issued by Bayo Onanuga, Special Adviser to the President on Information and Strategy, the President has since relocated to Paris, France, where he held meetings with French President Emmanuel Macron and businessman Mr. Vincent Bollore, whose media group includes Canal+, Multichoice, and Universal Music Group.

Despite his absence, the statement emphasized that President Tinubu has remained actively engaged with domestic affairs, particularly directing an independent panel to investigate the deaths of 37 illegal miners in Minna following their detention by the Nigeria Security and Civil Defence Corps.

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The President has delegated Vice President Kashim Shettima to represent him at official functions. However, Vice President Shettima departed Abuja on September 20 for New York to attend the 81st United Nations General Assembly. In his absence, Secretary to the Government of the Federation, Senator George Akume, will continue to represent the President at official engagements.

On the political front, the statement noted that Senator Abubakar Yari, Director-General of the Presidential Campaign Council (PCC), has been leading consultations with prominent traditional rulers across the country alongside other notable party leaders.

The extension comes as the President’s initial three-week vacation timeline elapsed, with the State House confirming he will now return to the country at the weekend.

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Court Adjourns El-Rufai’s N1 billion Suit Against ICPC, AGF, Police

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By Yusuf Danjuma Yunusa

The Federal High Court, Abuja Division, on Monday adjourned a N1 billion rights suit filed by former Governor of Kaduna State, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others until October 27 for a definite hearing.

Others named in the suit are the Inspector-General (IG) of police and the Attorney-General of the Federation (AGF) as the second and third respondents, respectively.

Justice Joyce Abdulmalik adjourned the suit to allow counsel to the former governor, Akinyemi Aremu, to respond to the counter affidavit filed by the AGF opposing the claims.

When the case was called, Mr Aremu informed the court that the matter was scheduled for hearing.

Counsel for the AGF, Maimuna Lami-Shiru, however, told the court that the AGF had filed a counter affidavit.

She prayed the court for leave to move their motion seeking an extension of time to deem their counter affidavit as being properly filed and served.

El-Rufai’s lawyer, Mr Aremu; Ezekiel Rimamsomte, who appeared for the IG, and the ICPC counsel did not oppose the application, and the judge granted it as prayed.

Mrs Abdulmalik then adjourned the case until October 27 for a definite hearing.

Earlier in the suit, the ex-governor sued the ICPC, the chief magistrate at the Magistrate’s Court of the FCT, Abuja, the IG, and the AGF as first to fourth respondents, respectively.

He, however, dropped the name of the magistrate from the case following his inability to specify the name of the magistrate who was sued as the second respondent, after the judge made the observation.

Mr El-Rufai is, therefore, demanding N1 billion in damages against ICPC, the IG and the AGF.

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In an originating motion on notice marked FHC/ABJ/CS/345/2026, dated and filed February 20 by Oluwole Iyamu, SAN, the former governor sought seven reliefs.

He prayed 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 2:00 p.m. by the ICPC and IG amounts to a gross violation of the applicant’s fundamental rights.

He said it violated the dignity of the 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.”

Mr 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 first and third respondents (ICPC and IG) to forthwith return all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.

He also sought an order awarding N1,000,000,000.00 (one billion naira) as general, exemplary, and aggravated damages, among others.

In its counter affidavit, the ICPC said it received a petition against Mr El-Rufai and, acting on it, commenced an investigation that led 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 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.

The commission said its officials were accompanied by Nigeria Police Force personnel and that the exercise was witnessed by Mr 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.

The police, also in its counter affidavit deposed to by Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate and prosecute offenders.

It argued that the search at Mr El-Rufai’s residence was carried out pursuant to a search warrant issued by a competent court of law.

The anti-graft agency disagreed with the ex-governor, insisting the search warrant was a genuine court order.

It said its officers who carried out the operation complied with all applicable legal procedures in executing the search warrant.

According to the police, the applicant is trying to use the honourable court to shield him from the security investigation and prosecution in court.

It, therefore, prayed the court to dismiss the suit in its entirety.

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Tinubu Becomes First Post-1999 Nigerian President to Miss Three Consecutive UNGAs

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By Yusuf Danjuma Yunusa

President Bola Tinubu has again delegated Vice President Kashim Shettima to lead Nigeria’s delegation to the 81st United Nations General Assembly (UNGA) in New York, marking the third consecutive year he has personally skipped the global summit since taking office in 2023.

The Minister of Information and National Orientation, Mohammed Idris, said on Monday that Tinubu is “currently on annual leave,” describing the delegation to Shettima as “neither unusual nor a diminution of the country’s diplomatic standing”. Idris insisted Shettima “carries the full mandate of the President and the Federal Republic of Nigeria” and will deliver the national statement.

However, the explanation has done little to quell public scrutiny. Tinubu last personally attended UNGA in September 2023 for the 78th session, shortly after his inauguration. He has since been absent from the 79th session in 2024, the 80th in 2025, and now the 81st in 2026—a pattern unmatched by any Nigerian president since the return of democracy in 1999.

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Former Vice President Atiku Abubakar, through his media aide Phrank Shaibu, demanded a “full explanation,” arguing that three consecutive absences “could no longer be dismissed as coincidence or routine delegation” but constituted “a pattern of presidential evasion”. Atiku questioned whether Tinubu’s “documented history with United States law-enforcement agencies has become a burden on Nigeria’s foreign relations”.

At the centre of the opposition’s claim is a long-standing U.S. forfeiture case in which $460,000 was held in an account linked to Tinubu, after American authorities alleged the funds represented proceeds of narcotics trafficking or were involved in prohibited financial transactions. Atiku also questioned why the administration spent up to $9 million on American lobbyists to improve Nigeria’s standing in Washington while the President repeatedly stays away from New York.

The Presidency has not directly addressed the drug-case allegation. A ruling party chieftain, Olatunbosun Oyintiloye, dismissed the claims as “political propaganda,” noting that no U.S. court has reopened a criminal case or pronounced Tinubu guilty of drug trafficking.

Nigeria’s Permanent Representative to the UN, Jimoh Ibrahim, had earlier announced that Tinubu would attend and that a seat had been secured for him near U.S. President Donald Trump. That seat remained empty.

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