The federal high court in Abuja has adjourned the N1 billion fundamental rights suit filed by Nasir El-Rufai, former Kaduna state governor against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to March 25.
Justice Joyce Abdulmalik postponed the hearing on Wednesday to allow parties in the case to regularise their processes.
El-Rufai is seeking N1 billion in damages over an alleged unlawful search of his residence in Asokoro, Abuja.
The suit lists the ICPC, the chief magistrate of the magistrate court in the federal capital territory, the Nigeria Police Force through the inspector-general of police, and the office of the attorney-general of the Federation as respondents.
At the court session, Ubong Akpan, El-Rufai’s lawyer told the judge that although the case was scheduled for hearing, the applicant had only just responded to the ICPC’s counter-affidavit and had yet to reply to the police’s submission
Abdulsufiano Abubakar, counsel for the ICPC and the police lawyer, Ezekiel Rimamsomte, confirmed the development.
Justice Abdulmalik subsequently ordered that hearing notices be served on the Chief Magistrate and the Attorney-General of the Federation, who were not represented in court.
In the suit filed by Senior Advocate of Nigeria Oluwole Iyamu, El-Rufai argued that the search of his home on February 19 violated his constitutional rights, including his rights to dignity, privacy, personal liberty and fair hearing.
He asked the court to declare the search unlawful, rule that any evidence obtained during the operation should not be used against him, and order the return of items allegedly taken from his residence.
However, the ICPC said the search followed a petition against the former governor and was carried out with a valid warrant issued on February 18.
The commission added that the operation was conducted in the presence of El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai, and urged the court to dismiss the suit.