The Attorney General of the Federation (AGF), Lateef Fagbemi (SAN) has urged a Federal High Court in Abuja to dismiss a N10billion fundamental rights enforcement suit filed by former Governor of Kaduna State, Nasir El-rufai.
The AGF, in a counter affidavit, argued among others, that El-rufai’s suit is lacking in merit as there are no legal and evidential justifications to support all claims and reliefs he is seeking.
Fagbemi also argued that the suit constitutes an abuse of court processes because the ex-governor has two pending suits on same subject matter before the High Court of the Federal Capital Territory (FCT).
He denied being privy to the facts of the case, contending that the first and second respondents – the Independent Corrupt Practices and other related offences Commission (ICPC) and the Inspector General of Police (IGP) – acted within their statutory functions.
The AGF stated that the items seized from the El-rufai’s house by the ICPC and IGP were seized to enable them to conclude investigation on the ex-governor.
El-rufai, in the suit marked: FHC/ABJ/CS/345/2026 wants the court to, among others, 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 the IGP amounts to a gross violation of his fundamental rights.
He equally wants an order directing the ICPC and IGP to forthwith retum all items seized from his premises during the search, together with a detailed inventory.
The ex-governor is also praying for an order awarding him N1billion as general, exemplary, and aggravated damages.
The ICPC and the IGP have equally filed separate counter affidavits ik which they praying the court to dismiss the suit for lacking in merit.
In its counter affidavit, the ICPC said it received a petition against El-Rufai and acting on the petition by commencing 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 states that its officials were accompanied by men of the Nigeria Police Force (NPF), adding that the exercise was witnessed by El-Rufai’s wife, Hadiza and his son, Mohammed.
The IGP argued,
in a counter affidavit, that that the police has the statutory power to detect, arrest, investigate and prosecute offenders.
The police further 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.
It disagreed with the ex-governor that that search warrant was invalid, insisting that it was a genuine court order.
It said 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 honourable court to shield himself from the security investigation and prosecution in the court of law.
When the case was called on Monday, Justice Joyce Abdulmalik granted a motion by the AGF, which was moved by Maimuna Lami-Shiru, the Director, Civil Litigation at the Federal Ministry of Justice.
In the motion, the AGF sought an extension of time to deem his counter affidavit properly filed and served.
Justice Abdulmalik has adjourned till October 27 for hearing.
Earlier, the judge granted the request by former Minister of Innovation, Science and Technology, Uche Nnaji for the release of his international passport to enable him embark on a foreign medical trip.
Nnaji, who is facing a six-count criminal charge before the court, had his international passport confiscated as part of the conditions attached to the bail earlier granted him.
His lawyer, Ogwu Onoja (SAN) had while moving an application he filed for the ex-minister, said his client requires the passport to enable him travel abroad for medical treatment.
Justice Abdulmalik after granting the application, adjourned till October 26 for trial.
Nnaji was arraigned before the court on July 13 on a charge, marked: FHC/ABJ/CR/389/2026, filed by the Independent Corrupt Practices and other related offences Commission (ICPC).
He is accused, among others, of engaging in corruption, fraud, confering corrupt advantage upon himself, giving false information by allegedly making and presenting false certificate of national service, university degree certificate.