AGF Urges Court to Dismiss El-Rufai's N1 Billion Fundamental Rights Suit

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has filed a motion asking the Federal High Court in Abuja to dismiss a N1 billion fundamental rights enforcement suit brought by former Kaduna State Governor, Nasir El-Rufai. El-Rufai's suit, which names the Attorney General and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) as respondents, stems from an alleged unlawful raid conducted on his Abuja residence.

El-Rufai, who served as governor from 2015 to 2023 and was also the Minister of the Federal Capital Territory during former President Olusegun Obasanjo's administration, claims that the search warrant issued by the Chief Magistrate of the Magistrate’s Court of the FCT was invalid. He argues that the warrant, dated February 4, lacked particularity and contained significant drafting errors, thereby constituting an unreasonable search that violates Section 37 of the Nigerian Constitution, which protects citizens against unlawful searches and seizures.

In his legal challenge, El-Rufai seeks a declaration from the court that the search warrant is null and void due to its alleged defects, including ambiguity in execution parameters and absence of probable cause. He is also requesting additional reliefs related to the enforcement of his fundamental rights, claiming that the ICPC's actions were unlawful and infringed upon his rights.

“The search warrant was legally defective, and its execution was overbroad,” El-Rufai contends, emphasizing the need for judicial intervention to uphold his constitutional rights.

As the case unfolds, it raises significant questions regarding the balance between law enforcement authority and the protection of individual rights in Nigeria, particularly in light of growing concerns over the misuse of power by government agencies. The Federal High Court is yet to schedule a date for the hearing of the AGF’s motion to dismiss the suit.