A Federal High Court in Abuja has adjourned a fundamental rights enforcement suit filed by former Kaduna State governor Nasir El Rufai against the Independent Corrupt Practices and Other Related Offences Commission and four other respondents until March 25.
The presiding judge Joyce Abdulmalik adjourned the case on Wednesday to allow all parties involved to regularise their legal processes before the next hearing.
El Rufai is seeking N1 billion in damages against the anti corruption commission alongside the Chief Magistrate of the Magistrate Court of the Federal Capital Territory the Nigeria Police Force represented by the Inspector General of Police and the Office of the Attorney General of the Federation.
When the case was called the applicant counsel Ubong Akpan told the court that the matter was scheduled for hearing but noted that the legal team had just filed a response to the ICPC counter affidavit and had not yet responded to the police submission.
Counsel to the ICPC Abdulsufiano Abubakar and the police lawyer Ezekiel Rimamsomte confirmed the submission made by Akpan prompting the court to adjourn the case.
Justice Abdulmalik also ordered that the second and fourth respondents the Chief Magistrate and the Attorney General of the Federation be served with hearing notices since they were not represented in court.
In the suit filed by senior lawyer Oluwole Iyamu El Rufai asked the court to declare that the alleged invasion and search of his residence at Mambilla Street in Asokoro Abuja on February 19 was a violation of his fundamental rights.
The former governor argued that the operation carried out by ICPC officials and police officers breached his rights to dignity personal liberty fair hearing and privacy as guaranteed under the Nigerian Constitution.
He also requested an order restraining the respondents from relying on any evidence or items obtained during the search in any investigation or legal proceedings against him.
In addition El Rufai asked the court to compel the ICPC and the police to return all items seized from his residence together with a detailed inventory of the recovered materials.
However the ICPC in its counter affidavit maintained that the search was conducted legally following a petition against the former governor and was executed under a valid search warrant issued by a competent court.
The commission said its operatives carried out the search alongside police officers and that the exercise was witnessed by El Rufai wife Hadiza El Rufai and his son Mohammed El Rufai.
The police also defended the operation insisting that it was conducted within the law and urged the court to dismiss the suit.
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