AGF Asks Court to Dismiss El-Rufai’s N1bn Suit

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has asked the Federal High Court in Abuja to dismiss a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai.

El-Rufai instituted the suit against the Independent Corrupt Practices and Other Related Offences Commission, the Inspector-General of Police and the AGF over the search of his Abuja residence by ICPC operatives.

The former governor is challenging the legality of the search warrant used to search his residence at Mambilla Street, Aso Drive, Abuja, and seize electronic devices and other items.

In the suit, marked FHC/ABJ/CS/345/2026, El-Rufai is asking the court to declare the warrant invalid, null and void.

He argued that the warrant was legally defective because of alleged drafting errors, ambiguity, overbreadth and lack of probable cause.

El-Rufai also claimed that the search violated his constitutional rights to dignity, personal liberty, fair hearing and privacy.

He is seeking an order restraining the respondents from using or tendering items seized during the search in any investigation, prosecution or other proceedings involving him.

He also wants the seized items returned and is demanding N1 billion in general, exemplary and aggravated damages over the alleged violation of his fundamental rights.

At Monday’s proceedings, the AGF, represented by a Federal Ministry of Justice lawyer, Maimuna Lami-Shiru, informed the court that a counter-affidavit had been filed challenging the competence of the suit.

Fagbemi argued that El-Rufai had failed to disclose any reasonable cause of action warranting the reliefs sought.

The AGF also denied that the former governor’s rights were violated, maintaining that the ICPC and police acted within the law while executing the search.

The ICPC had earlier filed its own counter-affidavit, urging the court to dismiss the suit.

The commission said the search followed a petition against El-Rufai and was conducted pursuant to a valid warrant issued by a competent court.

The police similarly maintained that its officers lawfully executed the warrant and acted within their statutory powers.

Justice Joyce Abdulmalik granted the AGF’s application concerning the filing of the counter-affidavit and adjourned the matter until October 27.

El-Rufai’s counsel is expected to respond to the AGF’s arguments before the court proceeds with the substantive hearing.

The court’s eventual decision will determine the validity of the claims surrounding the search, seizure of the items and the N1 billion damages sought by the former governor.