El-Rufai Sues ICPC for N1bn Over Defective Warrant Raid on Abuja Home, Seeks Evidence Ban and Items Return

By Ifeyinwa Austine

Former Kaduna State Governor, Nasir El-Rufai has launched a blistering N1 billion fundamental rights lawsuit against the Independent Corrupt Practices Commission (ICPC) and top officials, accusing them of an unlawful invasion of his Abuja home.

In a suit filed on February 20 at the Federal High Court in Abuja (marked FHC/ABJ/CS/345/2026), El-Rufai, through his lead counsel, Oluwole Iyamu targets the ICPC as the primary respondent. He also named the Chief Magistrate of the FCT Magistrate’s Court (2nd respondent), Inspector-General of Police (3rd), and Attorney-General of the Federation (4th) in the action.

The ex-governor alleges that ICPC operatives, backed by police, raided his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 around 2 p.m. They executed a search warrant dated February 4, which El-Rufai’s team brands as invalid, null, and void due to glaring defects.

Warrant Riddled with Errors, Lawyers Argue El-Rufai seeks a court declaration that the warrant violates Section 37 of the 1999 Constitution (right to privacy) because of its lack of particularity, material drafting errors, ambiguity in execution parameters, over breadth, and absence of probable cause.

His lawyers cite breaches of Sections 143-148 of the Administration of Criminal Justice Act (ACJA) 2015 and Section 36 of the ICPC Act 2000.

Key flaws highlighted include: No sworn information outlining reasonable suspicion, as required by ACJA Section 143, Vague references to the thing aforesaid without specifying items or places (Section 144), Typographical errors in address, date, and district; addressed indiscriminately to all officers (Sections 146-147), Contradictory execution terms allowing unreasonable timing (Section 148).

Iyamu argues these make the warrant a general warrant prone to abuse, invoking precedents like C.O.P. v. Omoh (1969) and Fawehinmi v. IGP (2000), which deem evidence from defective searches inadmissible.

El-Rufai demands seven remedies, including: A declaration that the raid breached his rights to dignity (Section 34), personal liberty (Section 35), fair hearing (Section 36), and privacy (Section 37). An order barring any evidence or seized items from use in investigations or trials, An injunction halting reliance on the materials by respondents, Immediate return of all seized items (documents, electronics) with a full inventory, N1 billion in damages, broken down as N300 million compensatory (trauma, distress), N400 million exemplary (to deter misconduct), and N300 million aggravated (for “malicious, high-handed” actions). Plus N100 million for legal costs.

Supporting affidavit from Mohammed Shaba, El-Rufai’s Principal Secretary, paints a vivid picture: ICPC and police officers stormed in without officers submitting for personal searches (as required by law). They ransacked the home, carted away unspecified items without details on the warrant, and left the ex-governor humiliated.

“No items have been returned, and the respondents continue to rely on this unlawful evidence,” Shaba swore, attaching an exhibit list of seized goods. He stressed the magistrate failed to specify the judicial district, further invalidating the process.

The News Agency of Nigeria (NAN) reports the case underscores rising tensions between high-profile figures and anti-corruption agencies amid ongoing probes into El-Rufai’s tenure.